HomeMy WebLinkAboutResolution - 2093 - Contract - Williams & Peters Inc - Paving 19Th St & Niter Ave - 07/25/1985JWF:cl
CMY1A11901Z
Resolution #2093
July 25, 1985
Agenda Item #,27
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract to
be entered into by and between said City and the lowest and best bidder,
Williams and Peters Construction Co., Inc., as determined by the City
Council for C.D.W.O. 38316 and C.D.W.O. 38408, for paving improvements for
portions of East 19th Street and Niter Avenue, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 25th day of July , 1985.
ATTEST:
Ranetye,Boyd, City Secretary
APPROVED AS TO CONTENT:
�1)7
Larry Hof n, D' t f Transportation
APPROV AS TO FORM:
J. Wo t Fullingim, Assistant CiU Attorney
s
CITY OF LUBBOCK
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
CDWO 38316 AND CDWO 38408
PAVING IMPROVEMENTS FOR PORTIONS
OF E. 19TH ST. AND NITER AVE.
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TEXAS
Lubbock, Te
CITY OF LUBBOCK C!�
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SPECIFICATIONS AND CONTRACT DOCUMENTS ,Q
FOR
CDWO 38316 AND CDWO 38408 �0
PAVING IMPROVEMENTS FOR PORTIONS OF E. 19TH ST. AND NITER AVE.
Alan Henry, ,MAYOR
City Council
°Maggie Trejo
T.J. Patterson
George Carpenter
Bob Nash
E. Jack Brown
Joan Baker
Larry Cunningham, City Manager
Jim Bertram, Assistant City Manager for Development Services
Larry Hoffman, Director of Transportation
DEVELOPMENT SERVICES
4
INDEX
Page
NOTICE TO BIDDERS
INFORMATION FOR BIDDERS (SECTION I)
.1.
Receipt and Opening of Bids
I-1
2.
Preparation of Bid
I-1
3.
Subcontracts
I-1
4.
Telegraphic Modification
I -I
5.
Qualifications of Bidder
1-2
6.
Bid Security
I-2
7.
Time and Completion and Liquidated Damage
1-2
8.
Conditions of Work
I-3
9.
Addenda and Interpretations
1-3
10.
Performance Bond and Payment Bond
1-3
11.
Power of Attorney
I-4
12.
Notice of Special Conditions
I-4
13.
Laws and Regulations
I-4
14.
Obligation of Bidder
1_4
15.
Texas State Sales Tax
1-4
16.
Materials and Workmanship
I-5
17.
Protection of the Work
1-5
18.
Protection of Subsurface Lines and Structures
I-5
19.
Contractor's Representative
I-6
20.
Provisions Concerning Escalator Clauses
I-6
BID
PROPOSAL BID FOR UNIT PRICE
CONTRACT
PAYMENT BOND
PERFORNLA-'NCE BOND
CERTIFICATE OF INSURANCE
HUD CERTIFICATIONS
---INDEX TO GENERAL CONDITIONS
`(SECTION II) (YELLOW) -
1 .
YELLOW)
1. Owner
2. Contractor
3. Owner's Representative
4. Contract Documents
5. Interpretation of Phrases
6. Subcontractor
7. Assignment
8. Written Notice
9. Work
10. Substantially Completed
11. Layout of Work
12. Keeping of Plans and Specifications Accessible
13. Right of Entry and HUD Inspection
14. Lines and Grades
15. Authority and Duty of Owner's Representative
16. Superintendence and Inspections
17. Contractor's Duty and Superintendence
18. Contractor's Understanding
19. Character of Workmen
20. Construction Plant
21. Sanitation
22. Observation and Testing
23. Defects and their Remedies
24. Changes and Alterations
25. Extra Work
26. Discrepancies and Omissions- -
27. Right of Owner to Modify Methods and Equipment
28. Protection Against Accident to Employees and the Public
29. Contractor's Insurance: Scope of Insurance and Special
Hazards
30. Protection Against Claims of Subcontractors, Laborers,
Materialmen and Furnishers of Machinery, Equipment and
Supplies
31. Protection Against Royalties or Patent Invention
32. Laws and Ordinances
33. Time for Completion and Liquidated Damages
34. Time and Order of Completion
35. Extension of Time
36. Hindrance and Delays
37. Quantities and Measurements
38. Protection of Adjoining Property
39. Price for Work
40. Construction Schedule & Periodic Estimates
41. Payments to Contractor
42. Payrolls and Basic Payroll Records or Contractor and
Subcontractors
43. Minimum Wages
44. Posting Wage Determination Decisions and Authorized Wage
Deductions
45. Employment of Laborers or Mechanics Not Listed in Aforesaid
J(age Determination Decisions
46. Specific Coverage of Certain Types of Work by Employees
47. Underpayments of Wages or Salaries
48. Anticipated Costs of Cringe Benefits
49. Frinae Benefits not Expressed as Hourly Wage Rates
50. Overtime Compensation P,equired by Contract Work Hours and
Safety Standards Act (76 Stat. 357-360: Title 40 U.S.C.,
Sections 327-332)
51. Employment of Apprentices/Trainees
52. Employment of Certain Persons Prohibited
53. Regulations Pursuant to So-Called "Anti-Kickback Act"
54. Complaints, Proceedings or Testimony by Employees
55. Claims and Disputes Pertaining to Wage Rates
56. Questions Concerning Certain Federal Statutes and Regu-
lations
57. Final Completion and Acceptance
58. Final Payment
59. Correction of Work Before Final Payment for Work
60. Correction of Work After Final Payment
61. Payment Withheld
62. Delayed Payment
63. Time of Filing Claims
64. Arbitration
65. Abandonment by Contractor
66. Abandonment by Owner
67. Losses from Natural Causes
68. Independent Contractor
69. Cleaning Up
70. Contractor's Right to Terminate
71. Right of the Owner to Terminate Contract
72. Breach of Foregoing Federal Labor Standards Provisions
73. Interest of Mlember of or Delegate to Congress
74. Other Prohibited Interests
°
' 75. Special Equal Opportunity Provisions ^
76, Certification of Compliance with Air and Water Acts
77. Special Conditions Pertaining to Hazards Safety Standards
and Accident Prevention
78, Nondiscrimination against the handicapped (Sec. 504)
EXHIBIT A - Copeland Anti -Kickback Regulations
EXHIBIT B - Current Wage Determinations
-
SPECIAL CONDITIONS (SECTION III)
(BLUE)
Page
1.
Changes in the Work
III -1
2.
Superintendence
III -1
3.
Time and Order for Completion
III -1
4.
Maintenance of Detours
III -2
5.
Public Safety and Convience
III -2
6.
Barricades and Danger, Warning and Detour
Signs and Traffic Handling
III -2
7.
Prosecution of Work
III -3
8.
Water
I1I-3
9.
Restrictions and Requirements for Construction
III -3
10.
Removing Obstructions
III -5
11.
Test of Materials
III -5
12.
Subcontractor
III -6
13.
Underground Utilities
III -6
14.
Working Hours
III -6
MATERIALS OF CONSTRUCTION (SECTION IV)
(PINK)
1.
General
IV -1
2.
Concrete
IV -1
3.
Steel Reinforcing
IV -4
4.
Joint Material
IV -5
5.
Forms
IV -5
6.
Flexible Base (Caliche)
Iv -6
7.
Asphalt Stabilized Base -Plant Mix (THD Item 292)
IV -7
8.
Equipment - Mixing Plants Black Base and riot -_'ix
IV -9
9.
Asphalts
IV -21
10.
Hot Mix Asphaltic Concrete Surface
IV -21
11.
Silo Storage
IV -26
12.
Barricades and Signs
IV -27
DETAILS OF CONSTRUCTION (SECTION V),
(GREEN)
1.
Concrete
V-1
2.
Earth Work
V-24
3.
Base Course
V-29
4.
Hot Mix Asphaltic Concrete Surface
V-32
5.
Cleanup
V-38
6.
Protection of Existing Utilities
V-38
7.
Salvaging and Replacing Base
V-40
S.
Salvaging and Stockpiling Base Material
V-41
SITE
WORK MEASUREMENT AND PAYMENT (SECTION VI)
(GOLDENROD)
1.
Paving
VI -1
2.
Paving
VI -1
3.
Resurfacing
VI -1
4.
Removal and Stockpiling of Existing Paving
and Base
VI -2
5.
30" Curb and Gutter
VI -2
6.
Alley Returns
VI -2
7.
Drainage Channels
VI -2
8.
Valley Gutters
VI -3
r
SITE WORK MEASUREMENT AND PAYMENT (CONT.) Page
9. 4" Median VI -3
10. 3 Sack Cement Stabilized Caliche VI -3
11. Concrete Slab Removal VI -3
12. Curb and Gutter Removal and Disposal VI -3
CONSTRUCTION DETAIL ILLUSTRATIONS
Typical Alley Returns with 10' Radius
Concrete Valley Gutter Detail
I;
NOTICE TO BIDDERS
a
NOTICE TO BIDDERS
CDWO 38316 & 38408
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CITY OF LUBBOCK
BID #8615
Sealed proposals addressed to Gene Eads,Purchasing Manager, City of
Lubbock, Texas, will be received at the Purchasing Office, Municipal
Building,1625 13th Street, Room L-04, Lubbock, Texas 79401 until
10:00 am., on the 11th day of July, 1985, to furnish all labor and
materials and perform all work for the construction of the following
Project :
PAVING IMPROVEMENTS ON PORTIONS OF E. 19TH STREET AND NITER AVE.
Bidders are required to submit a cashier's or certified check or bid
bond in the amount of 5% of the total bid and the successful bidder
shall provide bond in full amount of the contract executed by a surety
company authorized to do business in Texas.
The above described project will be paid for in cash by the Community
Development Block Grant received by the City from the Department of
Housing and Urban Development. The contract for this project must
comply with all applicable Federal laws and regulations including the.
payment of federal minimum wages under the provision of the Bacon—
Davis Act, and the compliance with the provisions of equal employment
opportunities and under Section 3 Affirmative Action and Executive
Order 11246.
Plans and Specifications are on file at the Purchasing Office and may
be obtained at the office of the City Engineer at 1625 13th
ST.,Lubbock Texas.
CITY OF LUBBOCK, TEXAS
rV 1
doe BY: Gene Eads, C.P.M.
Purchasing Mana er
INFORMATION FOR BIDDERS
INFORMATION FOR BIDDERS
1. Receipt and Opening of Bids
The City of Lubbock (herein called the "Owner"), invites
bids on the form attached hereto, all blanks of which must
be appropriately filled in. Bids will be received by the
Owner at the office of Gene Eads, Manager of Purchasing,
until 10:00 o'clock A.M.-NXXM, Central )57,XDST
.Tule 11th , 1985 , and then at said office
publicly opened and read aloud. The envelopes containing
the bids must be sealed, addressed to Gene Eads, Manager of
Purchasing, at 1625 13th Street, Lubbock, Texas, and desig-
nated
esig-
nated as B i d f o r Paving Improvements on Portions of E. 19th St & Niter Ave.
The Owner may consider as informal any bid not prepared and
submitted in accordance with the provisions hereof and may
waive any informalities or reject any and all bids. Any bid
may be withdrawn prior to the above sch:eduled time for the
opening of bids or authorized postponement thereof. Any bid
received after the time and date specified shall not be
considered. No bidder may withdraw a bid within thirty (30)
days after the actual date of the opening thereof.
2. Preparation of Bid
Each bid must be submitted in a sealed envelope bearing on
the outside the name of the bidder, his address and the
name of the project for which the bid is submitted. If
forwarded by mail, the sealed envelope containing the bid
must be enclosed in another envelope addressed as specified
in the bid form.
3. Subcontracts
The bidder is specifically advised that env person, firm or
other party to whom the bidder proposes to award a subcon-
tract under this Contract must be acceptable to the Owner
after verification by the Community Development Department
of the City of Lubbock.
The bidder should submit to the Owner a list of proposed
subcontractors which consists of each subcontractor's legal
name and business address. Although there is no requirement
that this list be submitted with a bid, the Owner requests
that such list be attached to said bid so that appropriate
action can be taken to prevent subsequent delay in subcon-
tract awards.
4. Telegraphic t"odification
Any bidder may modify his bid by telegraphic communication
at any time prior to the scheduled closing time for receipt
I-1
of bids, provided such telegraphic communication is received
by the Owner prior to the closing time and, provided
further, the Owner is satisfied that a written confirmation
of the telegraphic modification over the signature of the
bidder was mailed prior to the closing time. The telegra-
phic communication should not reveal the bid price but
should provide the addition or subtraction or other modi-
fication so that the final prices or terms will not be known
by the Owner until the sealed bid is opened. If written
confirmation is not received within two (2) days from the
closing time, no consideration will be given to the tele-
graphic modification.
5. Qualifications of Bidder
The Owner may make such investigations as he deems necessary
to determine the ability of the bidder to perform the work,
and the bidder shall furnish to the Owner all such informa-
tion and data for this purpose as the Owner may request.
The Owner reserves the right to reject any bid if the
evidence submitted by, or investigation of, such bidder
fails to satisfy the Owner that such bidder is properly
qualified to carry out the: obligations of the Contract and
to complete the work contemplated therein. Conditional bids
will not be accepted. Bidder must be acceptable to the
Owner after verification by the HUD Area Office of the
bidder's current eligibility status.
6. Bid Security
Each bid must be accompanied by cash, certified check of the
bidder or a bid bond duly executed by the bidder and issued
by a surety company approved by the Owner, in the amount of
5' of the bid. Such cash, checks or bid bonds will be
returned to all except the three lowest bidders within three
(3) days after the opening of bids, and the remaining cash,
checks or bid bonds will be returned promptly after the
Owner and the accepted bidder have executed the Contract,
or, if no award has been made within thirty (30) days after
the date of the opening of bids, upon demand of the bidder
at any time thereafter, so long as he has not been notified
of the acceptance of his bid.
.The successful bidder, upon his failure or refusal to
execute and deliver the Contract, certificate of insurance
and bonds required within ten (10) days after he has
received notice of the acceptance of his bid, shall forfeit
to the Owner the security deposited with his bid.
7. Time of Completion and Liquidated Damages
Bidder must agree to commence work on or before a date to be
specified in a written "Notice to proceed" of the Owner and
I-2
to fully complete the project within 90 days there-
after. Bidder must agree also to pay as liquidated damages
the sum of $ 250.00 for each consecutive
calendar day thereafter in which the project is not fully
completed.
8. Conditions of Work
Each bidder must inform himself fully of the conditions
relating to the construction of the project and the employ-
ment of labor thereon. Failure to do so will not relieve a
successful bidder of his .obligation to furnish all material
and labor necessary to carry out the provisions of his
Contract. Insofar as possible the Contractor, in carrying
out his work, must employ such methods or means as will not
cause any interruption of or interference with the work of
any other contractor.
9. Addenda and Interpretations
No interpretation of the meaning of the plans, specifica-
tions or other pre-bid documents will be made to any bidder
orally,
Every request for such interpretation should be in writing
and addressed to _ the City Engineer
at P.O. Box 2000, Lubbock, Texas 79457
and to be given consideration must be received at least five
(5) days prior to the date fixed for the opening of bids.
Any and all such interpretations and any supplemental
instructions will be in the form of written addenda to the
specifications which, if issued, will be mailed by certified
mail with return receipt requested to all prospective
bidders (at the respective addresses furnished for such
purposes), not later than three (3) days prior to the date
fixed for the opening of bids. Failure of any bidder to
receive any such addendum or interpretation shall not
relieve such bidder from any obligation under his bid as
submitted. All addenda so issued shall become part of the
Contract Documents.
10. Performance Bond and Payment Bond (Contract in Excess of
$25,000)
The successful bidder shall be required to furnish a
performance bond and payment bond in accordance with Article
5160, Vernon's Annotated Civil Statutes, in the amount of
100°0' of the total Contract price, in the event said Contract
price exceeds $25,000.00. If the Contract price does not
exceed $25,000.00, the statutory bonds will not be required.
All bonds, if required, shall be submitted on forms supplied
by the Owner, and executed by an approved Surety Company
authorized to do. business in the State of Texas. And it is
I-3
further agreed that this Contract shall be in effect until
such bonds are so furnished.
11. Power of Attorney
Attorneys -in -fact who sign bid bonds or contract bonds must
file with each bond a certified and effectively dated copy
of their power of attorney.
12. Notice of Special Conditions
Attention is particularly.called to those parts of the
Contract Documents and specifications which deal with the
following: _
(a) Inspection and testing of materials.
(b) Insurance requirements.
(c) Wage rates.
13. Laws and Regulations
The bidder's attention is directed to the fact that all
applicable State laws, municipal ordinances and the rules
and regulations of all authorities having jurisdiction over
construction of the project shall apply to the Contract
throughout, and they will be deemed to be included in the
Contract the same as though herein written out in full.
14. Obligation of Bidder
At the time of the opening of bids, each bidder will be
presumed to have inspected the site and to have read and to
be thoroughly familiar with the plans and Contract Documents
as defined in the General Conditions. The failure or
omission of any bidder to examine any form, instrument or
document shall in no way relieve any. bidder from any
obligation in respect of his bid.
If Plans and Specifications are too bulky or cumbersome to
be physically bound to the Contract Documents, they are to
be considered incorporated by reference into the aforemen-
tioned Contract Documents.
15. ,Texas State Sales Tax
This Contract.is issued by an organization which qualifies
for exemption pursuant to the provisions of Article 20.04 of
the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use
tax permit which shall enable him to buy the materials to be
incorporated into the work without paying the tax at the
time of purchase.
I-4
16. Materials and Workmanship
The intent of these Contract Documents is that only mate-
rials and workmanship of the best quality and grade will be
furnished. The fact that the specifications may fail to be
sufficiently complete in some detail will not relieve the
Contractor of full responsibility for providing materials of
high quality and for protecting them adequately until
incorporated into the project. The presence or absence of a
representative of the City on the construction site will not
relieve the Contractor of full responsibility for complying
with this provision. "The specifications for materials and
methods set forth in the Contract Documents provide minimum
standards of quality which the Ownerbelievesnecessary to
procure a satisfactory project.
17. Protection of the Work
The Contractor shall be responsible for the care, preser-
vation, conservation and protection of all materials,
supplies, machinery, equipment, tools, apparatus, acces-
sories, facilities and all means of construction, and any
and all parts of the work, whether the Contractor has been
paid, partially paid or not paid for such work, until the
date the City issues its certificate of completion to the
Contractor. The City reserves the right, after the bids
have been opened and before the Contract has been awarded,
to require of a bidder the following information:
(a) The experience record of the bidder, showing completed
jobs of a similar nature to the one covered by the
proposed Contract and all work in progress, with bond
amounts and percentage of work completed.
(b) A sworn statement of the current financial condition of
the bidder.
(c) An equipment schedule.
18. Protection of Subsurface Lines and Structures
It shall be the Contractor's responsibility to prosecute the
work contemplated by the Contract Documents in such a way as
to exercise due care to locate and prevent damage to all
underground pipelines, utility lines, conduits or other
underground structures which might or could be damaged by
Contractor durino the construction of the project contem-
plated by these Contract Documents. The City of Lubbock
agrees that it will furnish Contractor with information as
to the location of all such underground lines and utilities
of which it has knowledge. However, such fact shall not
relieve the Contractor of his responsibilities 2foremen-
1-5
tioned.- All such underground lines or structures cut or
damaged by Contractor during the prosecution of the work
contemplated by this Contract shall be repaired immediately
by the Contractor to the satisfaction of the City of
Lubbock, Texas, at Contractor's expense.
19. Contractor's Representative
The successful bidder shall be required to have a respon-
sible local representative available at all times while the
work is in progress under this Contract. The successful
bidder shall be required to furnish the name, address and
telephone number where such local representative may be
reached during the time that the work contemplated by this
Contract is in progress.
20. Provisions Concerning Escalator Clauses
Proposals submitted containing any conditions which provide
for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items
required for the project will be rejected and returned to
the bidder without being considered.
I-6
Federal Labor Standards Provisions
Applicability
The Project or Program to which the construction work covered by this
contract pertains is being assisted by the United States of America and the
following Federal labor Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal assistance.
A. 1. () Minimum Wages. All laborers and mechanics employed or work-
ing upon the site of the work (or under the United States Housing Act of
1937 or under the Housing Act of 1949 in the construction or development
of the project), will be paid unconditionally and not less often than once a
week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount
of wages and bona fide fringe benefits (or cash equivalents thereof) due at
time of payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached hereto and
made a part hereof, regardless of any contractural relationship which may
be alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated for bona
fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf
of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of 29 CFR-5.5(a)(1)(iv); also, regular
contributions made or costs incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs, which cover
the particular weekly period, are deemed to be constructively made or
incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in 29 CFR
Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classifica-
tion for the time actually worked therein: Provided, That the employer's pay-
roll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional
classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and
the Davis -Bacon poster (WH -1321) shall be posted at all times by the con-
tractor and its subcontractors at the site of the work in a prominent and
accessible, place where it can be easily seen by the workers.
(ii) (a) Any class of laborers or mechanics which is not listed in the
wage determination and which is to be employed under the contract shall
be classified in conformance with the wage determination. HUD shall
approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction
industry, and
(3) The proposed wage rate, including any bona fide fringe bene-
fits, bears a reasonable relationship to the wage rates contained in the
wage determination.
(b) if the contractor and the laborers and mechanics to be employed
in the classification (if known), or their representatives, and HUD or its
designee agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action
taken shall be sent by HUD or its designee to the Administrator of the Wage
and Hour Division, Employment Standards Administration, U.S. Department
of Labor, Washington, D.C. 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classifi-
cation action within 30 days of receipt and so advise HUD or its designee
or will notify HUD or its designee within the 30 -day period that additional
time is necessary. (Approved by the Office of Management and Budget
under OMB control number 1215-0140.)
(c) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and HUD or its
designee do not agree on the pr,)posed classification and wage rate
(including the amount designated for fringe benefits, where appropriate),
U.S. Department of Housing
and Urban Development
HUD or its designee shall refer the questions, including the views of all
interested parties and the recommendation of HUD or its designee, to the
Administrator for determination. The Administrator, or an authorized repre-
sentative, will issue a determination within 30 days of receipt and so advise
HUD or its designee or will notify HUD or its designee within the 30 -day
period that additional time is necessary. (Approved by the Office of Man-
agement and Budget under OMB Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall
be paid to all workers performing work in the classification under this con-
tract from the first day on which work is performed in the classification.
fill) Whenever the minimum wage rate prescribed in the contract for a
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the contractor shall either pay the benefit as
stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
Civ) If the contractor does not make payments to a trustee or other third
person, the contractor may consider as part of the wages of any laborer or
mechanic the amDunt of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis -Bacon Act have been met. The
Secretary of Labor may require the contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program.
(Approved by the Office of Management and Budget under OMB Control
Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or upon
written request of an authorized representative of the Department of Labor
withhold or cause to be withheld from the contractor under this contract or
any other Federal contract with the same prime contractor, or any other
Federally -assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor so much of the
accrued payments or advances as may be considered necessary to, pay
laborers and mechanics, including apprentices, trainees and helpers,
employed by the contractor or any subcontractor the full amount of wages
required by the contract In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee or helper, employed or working
on the site of the work (or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the
project), all or part of the wages required by the contract, HUD or its desig-
nee may, after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have
ceased. HUD or its designee may, after written notice to the contractor, dis-
burse such amounts withheld for and on account of the contractor or sub-
contractor to the respective employees to whom they are due. The Comp-
troller General shall make such disbursements in the case of direct
Davis -Bacon Act contracts.
3. Q) Payrolls and basic records. Payrolls and basic records relating
thereto shall be maintained by the contractor during the course of the work
preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949, in the construction
or development of the project). Such records shall contain the name,
address, and social security number of each such worker, his or her cor-
rect classification, hourly rates of wages paid (including rates of contribu-
tions or costs anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in Section 1(b)(2)(B) of the Davis -tai con Act),
daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5
(a)(1)(iv) that the wages of any taborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a plan or pro-
gram described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor
shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible,
and that the plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the costs antici-
pated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprenticeship programs and certifi-
cation of trainee programs, the registration of the apprentices and trainees,
and the ratios and wage rates prescribed in the applicable programs.
(Approved by the Office of Management and Budget under OMB Control
Numbers 1215-0140 and 1215-0017.)
C? (a) The contractor shall submit weekly for each week in which any
contract work is performed a copy of all payrolls to HUD or its designee if
the agency is a party to the contract, but if the agency is not such a party,
the contractor will submit the payrolls to the applicant, sponsor, or owner,
as the case may be, for transmission to HUD or its designee. The payrolls
submitted shall set out accurately and completely all of the information
required to be maintained under 29 CFR Part 5.5(ax3)@. This information
may be submitted in any form desired. Optional Form WH -347 is available
for this purpose and may be purchased from the Superintendent of Docu-
ments (Federal Stock Number 029-005-00014-1), U.S. Government Printing
Office, Washington, DC. 20402. The prime contractor is responsible -for the
submission of copies of payrolls by all subcontractors. (Approved by the
Office of Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by a "Statement of
Compliance," signed by the contractor or subcontractor or his or her agent
who pays or supervises the payment of the persons employed under the
contract and shall certify the following.-
(1)
ollowing:(1) That the payroll for the payroll period contains the information
required to be maintained under 29 CFR Part 5.5 (ax3)(i) and that such
information is correct and complete;
(2) That each taborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the payroll period
has been paid the full weekly wages earned, without rebate, either directly
or indirectly, and that no deductions have been made either directly or indi-
rectly from the full wages earned, other than permissable deductions as set
forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the clas-
sication of work performed, as specified in the applicable wage determina-
tion incorporated into the contract
(c) The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form WH -347 shall satisfy the
requirement for submission of the "Statement of Compliance" required by
paragraph A3.(i)(b) of this section.
(d) The falsification of any of the above certifications may subject the
contractor or subcontractor to civil or criminal prosecution under Section
1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(ii) The contractor or subcontractor shall make the records required
under paragraph A3.O of this section available for inspection, copying, or
transcription by authorized representatives of HUD or its designee or the
Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. It the contractor or subcon-
tractor fails to submit the required records or to make them available, HUD
or its designee may, after written notice to the contractor, sponsor, appli-
cant or owner, take such action as may be necessary to cause the sus-
pension of any further payment advance, or guarantee of funds. Further-
more, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29
CFR Part 5.12-
4.
.124. () Apprentices and Trainees. Apprentices. Apprentices will be per-
mitted to work at less than the predetermined rate for the work they per-
formed when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Bureau of Apprenticeship
and Training, or with a State Apprenticeship Agency recognized by the
Bureau, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is
not individually registered in the program, but who has been certified by the
Bureau of Apprenticeship and Training or a State Apprenticeship Agency
(where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site
in any craft classification shall not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who is not registered
or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determi-
na,kon for the work actually performed. Where a contractor is performing
construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the jour-
neyman's hourly rate) specified in the contractor's or subcontractor's regis-
tered program shall be observed. Every apprenctice must be paid at not
less than the rate specified in the registered program for the apprentice's
level of progress, expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices shall be paid
frinoe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In
the event the Bureau of Apprenticeship and Training, or a State Appren-
ticeship -Agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work
Wormed until an acceptable program is approved.
CI Trainees. Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the work per-
formed unless they are employed pursuant to and individually registered in
a program which has received prior approval, evidenced by formal certfi-
caton by the U.S. Department of Labor, Employment and Training Admini-
sraton. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and
Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the
appiicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee pro-
gram does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman
wage rte on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll at a
trainee rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall be paid not
less than the applicable wage rate on the wage determination for the work
act.;ally performed. In addition, any trainee performing work on the job site
in excess of the ratio permitted under the registered program shall be paid
not fess than the applicable wage rate on the wage determination for the
work actually performed. In the event the Employment and Training Admin-
istration withdraws approval of a training program, the contractor will no .
longer be permitted to utilize trainees at less than the applicable predeter-
mined rate for the work performed until an acceptable program is
approved.
(ii) Equal employment opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity with the
eq:al employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
S. Compliance with Copeland Act requirements. The contractor shall
comply with the requirements of 29 CFR Part 3 which are incorporated by
reference in this contract
fi. Subcontracts. The contractor or subcontractor will insert in any sub-
contracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such
other clauses as HUD or its designee may by appropriate instructions
require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcon-
tractor with all the contract clauses in 29 CFR Part 5.5.
HU06r4010 (2-84)
7. Contracte termination; debarment A breach of the contract clauses in
29 CFR 5.5 may be grounds for termination of the contract, and for debar-
ment as a contractor and a subcontractor as provided in 29 CFR 5.12-
S.
.128. Compliance with Davis -Bacon and Related pct Requirements. All rul-
ings and interpretations of the Davis -Bacon and Related Acts contained in
29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this
contract
S. Disputes concerning labor standards. Disputes arising out of the labor
standards provisions of this contract shall not be subject to the general
disputes clause of this contract Such disputes shall be resolved in accor-
dance with the procedures of the Department of Labor set forth in 29 CFR
Parts 5, 6, and 7. Disputes within the meaning of this clause include dis-
putes between the contractor (or any of its subcontractors) and HUD or its
designee, the U.S. Department of Labor, or the employees or their
representatives.
10. n Certification of Eligibility. By entering into this contract, the con-
tractor certifies that neither it (nor he or she) nor any person or firm who
has an interest in the contractors firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or partici-
pate in HUD programs pursuant to 24 CFR Part 24.
(i) No part of this contract shall be subcontracted to any person or firm
ineligible for award of a Government contract by virtue of Section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts
or participate in HUD programs pursuant to 24 CFR Part 24.
(ii) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C.•1001. Additionally, U.S. Crimnal Code, Section
1010, Title 18, U.S.C., "Federal Housing Administration transactions", pro-
vides in part "Whoever, for the purpose of. ..influencing in any way the
action of such Administration... makes, utters or publishes any statement,
knowing the same to be false.. shall be fined not more than $5,000 or
imprisoned not more than two years, or both."
11. Complaints, Proceedings, or Testimony by Employees. No laborer or
mechanic to whom the wage, salary, or other labor standards provisions of
this Contract are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any subcontractor because such
employee has flied any complaint or instituted or caused to be instituted
any proceeding or has testified or is about to testify in any proceeding
under or relating to the labor standards applicable under this Contract to
his employer.
B Contract Work Hours and Safety Standards Act As used in this para-
graph, the terms "laborers" and "mechanics" include watchmen and
guards.
(1) Overtime requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the employ-
ment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work
to work in excess of eight hours in any calendar day or in excess of forty
hours in such workweek unless such laborer or mechanic receives com-
pensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of eight hours in any calendar day or in
excess of forty hours in such workweek, whichever is greater.
(2) Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in subparagraph (1) of this
paragraph, the contractor and any subcontractor responsible therefor shall
be liable for the unpaid wages. In addition, such contractor and subcon-
tractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be com-
puted with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in sub-
paragraph (1) of this paragraph, in the sum of $10 for each calendar day on
which such individual was required or permitted to work in excess of eight
hours or in excess of the standard workweek of forty hours without pay-
ment of the overtime wages required by the clause set forth in subpara-
graph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its
designee shall upon its own action or upon written request of an autho-
rized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal
contract with the same prime contract, or any other Federally -assisted con-
tract subject to the Contract Work Hours and Safety Standards Act, which
is held by the same prime contractor such sums as may be determined to
be necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set
forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in subparagraph (1) through (4) of this
paragraph and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontrac-
tor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings
or under working conditions which are unsanitary, hazardous, or danger-
ous to his health and safety as determined under construction safety and
health standards promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 (formeriy part 1518) and
failure to comply may result in imposition of sanctions pursuant to the Con-
tract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat 96).
(3) The Contractor shall include the provisions of this Article in every
subcontract so that such provisions will be binding on each subcontractor.
The Contractor shall take such action with respect to any subcontract as
the Secretary of Housing and Urban Development or the Secretary of Labor
shall direct as a means of enforcing such provisions.
HUD -4010 (2-84)
BID PROPOSAL - BID FOR UNIT PRICE
i
BID PROPOSAL
BID FOR UNIT PRICE
PLACE LUBBOCK, TEXAS
DATE JULY 11, 1985
PROJECT N0. C.D.W.O. 38316 & 38408
Proposal of WilliamG & PPtprp CnnQt,-nrfinn rn enc," (hereinafter
called "Bidder") `'
To the Honorable Mayor and City Council
City of Lubbock, Texas (hereinafter called "Owner")
Gentlemen:
The Bidder, in compliance with your invitation for bids for
t h e construction o f SAVING IMPROVEMENTS FOR PORTIONS OF E 19TH ST AND
NITER AVE.
having carefully examined the plans, specifications, instructions
to bidders, notice to bidders and all other related Contract
Documents and the site of the proposed work, and being familiar
with all of the conditions surrounding the construction of the
proposed project, including the availability of materials and
labor, hereby proposes to furnish all labor, materials and
supplies and to construct the project in accordance with the
plans, specifications and Contract Documents, within the time set
forth therein and at the prices stated in Exhibit "A".
The Bidder binds himself on acceptance of his proposal to
execute a Contract and any required bonds, according to the
accompanying forms, for performing and completing the said work
within the time stated and for the prices stated in Exhibit "A"
of this proposal.
Bidder hereby agrees to commence the work on the above
project on or before a date to be specified in a written "notice
to Proceed" of the Owner and to fully complete the project within
90 consecutive calendar days thereafter, as stipulated in
the specifications and other Contract Documents. Bidder hereby
further agrees to pay to Owner as liquidated damages the sum of
$ 250.00 for each consecutive calendar day in excess of
the time set forth hereinabove for completion of this project,
all as more fully set forth in the General Conditions of the
Contract Documents.
Bidder understands that the Owner reserves the right to
reject any or all bids and to waive any formality in the bidding.
Bidder agrees that this bid shall be good and may not be
withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited
the site of the work and has carefully examined the plans,
specifications and Contract -Documents pertaining to the work
covered by this bid, and he further agrees to commence work on or
before the date specified in the written notice to proceed, and
to substantially complete the work on which he has bid, as
provided in the Contract Documents.
Enclosed with this proposal is a Cashier's Check or Certi-
fied Check for Dollars,
($ or a Proposal Bond in the sum of 5�
Dollars ($ 5% -j,
which it is agreed shall be collected and retained by the Owner
as.liquidated damages in the event the proposal is accepted by
the Owner and the undersigned fails to execute the necessary
Contract Documents and the required bonds (if any) within ten
(10) days after the date of receipt of written notification of
acceptance of said proposal; otherwise, said check or bond shall
be returned to the undersigned upon demand.
Bidder understands and acrees that the Contract to be
executed by Bidder shall be bound and include all Contract
Documents made available to him for his inspection in accordance
with the Notice to Bidders.
William-, k PatPr- ('nnGtSilCtlOil (•, �Tnr
- Contractor
(Seal if Bidder is a Corporation)
AT TES
cretar
EXHIBIT A, PAGE I
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item Quantity
No, & Unit
Total
Description of Item and Unit Prices Amount
1. 14,703.71 SY
12" compacted T.H.D. Type "C"
A.C. Paving with Brownwood rock,
including subgrade preparation,
6" of caliche base, prime and tack
coat, one year maintenance bond,
and 1:2 dilute emulsion treatment
at a rate of 0.10 gallon per square
yard within ten days of the placement
of the A.C. surface, complete in place
per square yard:
Six DOLLARS ($-6.85 }
Eighty -Five CENTS $ 100,720.41
2. 7,008.63 SY
12" compacted T.H.D. "C" A.C. paving
with Brownwood rock, including subgrade
preparation, 6" of caliche base, 3"
asphalt stabilized graded gravel base,
prime and tack coat, one year maintenance
bond, and 1:2 dilute emulsion treatment at
a rate of 0.10 gallon per square yard
within ten days of the placement of the
A.C. surface, complete in place per square
yard:
TWP137-e DOLLARS ($ 12 � 0 }
Ninety CENTS $ 90,411.33
3. 100.00 SY Resurfacing: 12" compacted T.H.D. Type
"C" A.C. paving with Brownwood rock, in-
cluding removal and disposal of existing
asphalt surface, reprocessing and compacting
existing caliche base, prime and tack coat,
one year maintenance bond, and 1:2 dilute
emulsion treatment at a rate of .10 gallon
per square yard within ten days of the place-
ment of the A.C. surface, complete in place
per sq. yard.
Five DOLLARS ($ 5.00 } _
No CENTS $
500.00
EXHIBIT A, PAGE 2
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item Quantity Total
No. & Unit Description of Item and Unit Price Amount
4. 3,411.11 SY Scarifying, removal and stockpiling
existing paving and base (E. 19th St.
strip paving) at location shown on the
plans, complete, per square yard:
No DOLLARS
Fifty CENTS $ 1,705.55
5. 9,066.10 LF 30" Curb and Gutter: 6" concrete curb
and gutter or separate gutter or sawtooth
curb and gutter, including site clearance,
subgrade preparation, complete in place,
per linear foot:
Five DOLLARS ($ 5.55 )
Fifty -Five CENTS $ 50,316.85
6. 296.25 SY Reinforced concrete (3000 PSI/7 day) alley
returns, including subgrade preparation,
complete in place, per square yard:
Twenty -Three DOLLARS ($ 2i -nn )
No CENTS
7. 113.47 SY Reinforced concrete (3000 PSI/28 day) drainage
channel construction as shown in the.plans9
complete in place, per square yard:
Twenty -Three DOLLARS ($ 23.00 )
No CENTS $ 2,609.81
8. 120.64 SY Reinforced concrete (3000 PSI/7 day) valley
gutter, including subgrade preparation, com-
plete in place, per square yard:
Twenty -Three DOLLARS ($ 23.00 )
No CENTS $ 2,774.72
EXHIBIT A, PAGE 3
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item
Quantity
Total
No.
& Unit
Description of Item and Unit Prices
Amount
9.
36.13 SY
Reinforced concrete (3000 PSI/28 day)
4".;median construction as shown.in the
plans, conplete in place, per square
yard;
Twenty—One DOLLARS ($ 21.00 )
No CENTS
$ 758.73
10.
50 CY
Three (3) sack cement stabilized caliche
to be used as backfill of subgrade that
cannot be stabilized with base material
at locations designated and approved by
the Engineer, complete in place, per
cubic yard:
Twenty—Five DOLLARS ($ 25.00 )
No CENTS
$ 1,250.00
11.
1.78 SY
Concrete slab removal and disposal per
square yard;
Twenty -Five DOLLARS ($ 25.00 )
No CENTS
$ 44.50
12.
207.50 LF
Curb and gutter removal and disposal per
linear foot;
Three DOLLARS ($ 3.00 )
No CENTS
$ 622.50
TOTAL
$ 258,528.15
CONTRACT
CONTRACT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 25th day of
July , 19 85 , by and between the City of
Lubbock, County of Lubbock, State of Texas, acting by and through
Alan Henry , Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and
Williams & Peters Construction Co., Inc
of t h e City o f Lubbock , County o f Lubbock
and State of Texas , hereinafter referred to as
CONTRACTOR.
WITNESSETH: That for and in consideration of the payments
and agreements hereinafter mentioned, to be made and performed by
the OWNER and under the conditions expressed in the bond bearing
even date herewith (if any), the CONTRACTOR hereby agrees with
OWNER to commence and complete the construction of certain
improvements described as follows:
PAVING IMPROVEMENTS FOR PORTIONS OF E. 19TH ST. AND NITER AVE.
and all extra work in connection therewith, under the terms as
stated in the Contract Documents and at his (or their) own proper
cost and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to complete the said construc-
tion in accordance with the Contract Documents as defined in the
General Conditions of the Agreement.
The CONTRACTOR hereby agrees to commence work within ten
(10) days after the date written notice to do so shall have been
given to him and to substantially complete same within the time
specified in the Contract Documents.
The OWNER agrees to pay the CONTRACTOR in current funds for
the performance of the Contract in accordance with the proposal
submitted therefor, subject to additions and deductions, as
provided in the Contract Documents, and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have
executed this Contract in six (6) counterparts, each of which
shall be deemed an original, in the year and day first above-
mentioned.
�-TVS T
City Seckretary
AP PR VED AS TO CONT NT:
APPROVED AS TO FORM:
ATTEST.
Secretar
CONTRACTOR,
COMPLETE ADDRESS
PAYMENT BOND
PAYMENT BOND
(Applicable on all contracts in excess of $25,000)
(To be used in Texas under V.A.C.S. Art. 5160)
THE STATE OF Texas
COUNTY OF Lubbock
KNOW ALL MEN BY THESE PRESENTS: That we ( 1 } Williams & Peters
Construction Co., Inc. (2) Of
P.O.Box 5215, 3 hereinafter called Principal, and 3
United States Fidelity & Guaranty Company Of P.O.Box 2638
Dallas , State of Texas , hereinafter called the
Surety, are held firmly bound unto 4 City of Lubbock
of Lubbock, Texas , hereinafter called Owner, and
unto all persons, firms and corporations who may furnish mate-
rials for, or perform labor upon the building or improvements
hereinafter referred to in the penal sum of Two Hundred Fifty Eight Thousand
Five Hundred Twenty Eight & 15/100$ 258,528.15 ) Dollars i n lawful money of
the United States, to be paid in 5 ?
for the payment of which sum will and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the
Principal entered into a certain Contract with (6)
City of Lubbock Lubbock Texas
dated the 25th day of July , 19 , a copy of
which is hereto attached and make a part hereof, for the construc-
tion of:
Paving Improvements for Portions of E. 19th St. & Niter Avenue, Lubbock, Texas
CDWO 38316 and CDWO 38408
NOW THEREFORE, the condition of this obligation is such
that, if the Principal shall promptly make payment to all
claimants, as defined in Article 5160 Revised Civil Statutes of
Texas, 1925, as amended by House Bill 344, Acts 56th Legislature,
Regular Session, 1959, effective April 27, 1959, and as further
amended by Acts 1969, 61st Legislature, p. 1390, ch. 422, Sec. 1,
effective June 2, 1969, supplying labor and materials in the
prosecution of the work provided for in said Contract, then this
obligation shall be null and void; otherwise, it shall remain in
full force and effect.
This bond is made and entered into solely for the protection
of all claimants supplying labor and materials in the prosecution
of the work provided for in said Contract, and all such claimants
shall have a direct right of action under the bond as provided in
Article 5160, Revised Civil Statutes of Texas, 1925, as amended
by House Bill 344, Acts 56th Legislature, Regular Session, 1959,
and as further amended by Acts 1969, 61st Legislature, p. 1390,
ch. 422, Sec. 1, effective June 2, 1969.
PROVIDED FURTHER, that if any legal action be filed upon
this bond, venue shall lie in Lubbock County, Texas, and
that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time,*alteration or addition
to the terms of the Contract or to the work to be performed
thereunder or the specifications accompanying the same shall in
any wise affect its obligation on this bond, and said Surety does
hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the
work or to the specifications..
PROVIDED FURTHER, that no final settlement between the Owner
and the Contractor shall abridge the right of any beneficiary
hereunder whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this
t h e 5th d a y of August , 19 85
ATTES
(Princi 1) Secretary
Principal
B Y dU -49- .,--J
,O�,'4/), Se -,Z/
(SEAL)
Address
Witness as o Principal
(Address) United States Fidelity & Guaranty company
Surety
Surety Secretary BY:
(SEAL) 3407 19th St., Lubbock, Tx. 79410
Address
Witness a§ to Surety
NOTE: If Contractor is Part -
(4 -c"x (4 13 nership, all partners
(Address) should execute bond.
These footnotes refer to the numbers in the body of Contract
above.
Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor (3) Correct name of Surety
(2) A Corporation, a Partner- (4) Correct name of Owner
ship or an Individual, as (5) County and State
the case my be (6) Owner
r
CERTIFIED COPY
GENERAL POWER OF`' ATTORrii ' -:. . y... - .....w .w. . a.._........
No....... 9 5110 ...:..................
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY , a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Evelyn Warwick
of the City of Lubbock , State of Texas
its true and lawful attorney in and for the State of Texas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES"FIDE1•rITY AND' GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through as, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Evelyn Warwick
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY_C6.141'PANY lias caused phis instrument to be
sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 4th day of
November , A. D. 19 83
UNITED STATES FIDELITY AND -GUARANTY COMPANY.
(Signed) By,., Cecil E. Estes
Vice -President.
(SEAL)
(Signed) .....W,.. B, M . HiAggeley ....................
Assistant Secretary
STATE OF MARYLAND
ss:
BALTIMORE CITY,
On this 4th day of November , A. D. 1983 , before me personally came
Cecil E . Estes Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and W. B. M. Hinge 1 e y , Assistant Secretary of said ComMies
ny with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they, the said Cecil E . � S i e s
and W. B. M. H i n g e l e y were respectively the Vice -President and the Assistant Secretary of the said UNITED
..,�„u»,ow....�K r-cgo: �e --, -moo...
STATES FIDELITY AND GUARANTY COMPANY, "theLLcorporation'descrlied'in and'wliioh executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was
sQ fixed and Assistant rder of the
respectively, ofD:rectors of said cor oratio8n and that the � signed y of the Company. P Y fined their names thereto by like order as'IVice-president
My commission expires the first day in July,A. D. 19......
(SEALSEAL Margaret M. Hurst
) (Signed) ..................... ...._._..... .....
Notary Public.
STATE OF MARYLAND 1
3 Sct.
BALTIMORE CITY; '
1, Saundra E. Banks Clerk of the Circuit Court for Baltimore City, which Court is a
Court of Record, and has a seal, do hereby certify that Margaret M. Hurst , Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary. Public of the
State of Maryland, in and for the City of -Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgment,-
or proof of deeds to be recorded therein. T further certify that 1 am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Testimonj Whereof, I hereto set my hand and affix the seal of the Circuit Court for Baltimore City, the same being a Court
of Record,. this 4th day of November , A. D. 19 83
(SEAL) (Signed) ......... Saundra E. Banks
Clerk of the Circuit Court for Baltimore City.
FS 3 (1-83)
-Aimataas iummey
.............................................................
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ISOIdA,ios3m 30 Ad0D
PERFORMANCE BOND
PERFORMANCE BOND
(Applicable on all contracts in excess
(To be used in Texas under V.A.C.S.
THE STATE OF, Texas
COUNTY OF Lubbock
of $25,000)
Art. 5160)
KNOW ALL MEN
BY THESE PRESENTS:
That we (1 ) Williams & Peters
Construction Co., Inc.
(2)
ofP.o.Box 5215, Lubbock, Tx., hereinafter
called Principal, and (3)
United States Fidelity & Guaranty Company
Of Box 2638, Dallas, ,
State of Texas
, hereinafter
called the Surety, are
held firmly bound
unto 4 City of Lubbock
of Lubbock, Texas
, hereinafter
called Owner, in thepenal
SUM of Two Hundred FiftyEight Thousand, Five
Hundred Twent$Eight and 15/100
258,5 i 5 )
Dollars in lawful
money of the United
States, to be paid in (5).
for the payment of
which sum well and
truly to be made,
we bind ourselves, our
heirs, executors,
administrators and
successors, jointly and
severally, firmly
be these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the
Principal entered into a certain Contract with (6) City of
Lubbock, Lubbock, Texas ,
dated the 25th day of July , 1985 , a copy of
which is hereto attached and made a a part hereof, for the
construction of:
Paving Improvements for Portions of E. 19th St. & Niter Avenue, Lubbock, Texas
CDWO 38316 and CDWO 38408
(herein called the "work").
These footnotes refer to the numbers in the body of Contract
above:
Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor (3) Correct name of Surety
(2) A Corporation, a Partner- (4) Correct name of Owner
ship or an Individual, as (5) County and State
,the case may be (6) Owner
NOW THEREFORE, if the Principal shall well, truly and
faithfully perform the work in accordance with the plans,
specifications and Contract Documents during the original term
thereof, and any extensions thereof which may be granted by the
Owner, with or without notice to the Surety, and if the Principal
shall satisfy .all claims and demands incurred under such Con- _
trbct, and shall fully indemnify and save harmless the Owner from
all costs and damages which it may suffer by reason of failure to
do so, and shall reimburse and repay the Owner all outlay and
expense which the Owner may incur in making good any default,
then this obligation shall be void: otherwise, it shall remain in
full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon
this bond, venue shall lie in Lubbock County, Texas,
and that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or
addition to the terms of the Contract or to the work to be
performed thereunder or the specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the
work or to the specifications.
. IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed and original,
this the 5th day of August , 1985
r
Principal he
AT TE
{ rinci al Secretary
Address
(Seal)
Witness as to Principal
�79�1/ �7
(A d d r e s s) United States Fidelity & Guaranty Co.
Surety
ATTEST:
B Y :
(Surety) Secretary 3407 19th St., Lubobck, Tx. 79410
(Address)
(Seal)
Witness as to Surety
(Address)r—
NOTE- If Contractor is Partnership, all partners should execute
bond.
CERTIFIED COPY
GENERAL POWER . OF ATTORNEY
No....... 951.10 ......................
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Evelyn Warwick
of the City of Lubbock State of Texas
its true and lawful attorney in and for the State of Texas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a._ part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Evelyn Warwick
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this kith day of
November , A• D. 19 83
UNITED STATES FIDELITY AND GUARANTY 'COMPANY.
(Signed) By .....Cecil E. Estes
Vice -President.
(SEAL) W. B. M. Hingeley
(Signed) ..... .. ... .... ...............
Assistant Secretary.
STATE OF MARYLAND,
ss:
BALTIMORE CITY,
On this 4th day of November A. D. 1983 , before me personally came
Cecil E. Estes , Vice -President of the UNITED STATES FIDELITY AND GUARANTY _
COMPANY and W. B. M. Hinge 1 ey , Assistant Secretary of said Company with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they, the said Cecil E . Estes
and W . B . M . H i n g e l ey were respectively the Vice -President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which. executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was
so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President
and Assistant Secretary, respectively, of the Company.
My commission expires the first day in July, A. D. 19..86 .
Margaret M. Hurst
(SEAL) (Signed).......................................................
Notary Public.
STATE OF MARYLAND _ )
3 Set.
BALTIMORE CITY,
I, Saundra E. Banks Clerk of the Circuit Court for Baltimore City, which Court is a
Court of Record, and has a seal, do hereby certify that Margaret M. Hurst , Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgment, or proof of deeds to be recorded therein. I further certify that 1 am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Testimon Whereof, I hereto set my hand and affix the seal of the Circuit Court for Baltimore City, the same being a Court
of Record, this � t h day of November , A. D. 19 83
Saundra E. Banks
(SEAL) (Signed)
.............................................
Clerk of the Circuit Court for Baltimore City.
FS 3 (1-83)
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pug 'pamolle
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suoivad so uoslad Aug luloddu of 'Ir -as alelodloo 91r lapun 'sarlelanas luelsrssV sit jo auo 10 A1ela13as slt glen+ uorlaunfuoo ur sivaprsaid
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1amod gjTA sAamollu pug slua2e iurodde Auedmo0 still iegi ssaursnq jo uoliossawn ienloaga a p 1oj Algssaaau si 114malagy iarj j
Noija'IOSd2I 30 Adoa
CERTIFICATE OF INSURANCE
r
CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK
Lubbock, Texas
DATE: August 5, 1985
Type Of
Pro j ect :
Avenue,
Paving Improvements
E. 19th St. & Niter
Lubbock, Texas
THIS IS TO CERTIFY THAT Williams & Peters Construction Co., Inc._ Box 5215,
(Name and Address of Insured)
is, at the date of this certificate, insured by this Company with respect
business operations hereinafter described, for the types of insurance and
dance with the provisions of the standard policies used by this Company,
hereinafter described. Exceptions to standard policy noted hereon,
M
TYPE OF INSURANCE
Tx.
to the
in accor-
and further
t No. Effective Expires Limits of Liability
Workmen's
rmmpensation 1801845859 6,
0-w-ner's Protec-
tive or Contingent 3CCO38049440 3/21/85 3/21/86
Liability
$500,000
Per Person $ 500,000
Per Occurence $500,000
Property Damage $ 500,000
Contractor's Protec- Per Person $ 500,000
tive or Contingent TMP055294393 11/4/84 11/4/85 Per Occurence $ 500,000
Liability Property Damage $ 500,000
Automobile
Per Person $ 500,000
1CCO61335428 6/6/85 6/6/86 Per Occurence $500,000
Property Damage $500,000
The foregoing Policies X (do ) cover all sub -contractors.
Locations Covered: Texas
DESCRIPTION of Operations Covered
Paving Contractor
The above policies either in the body thereof or by appropriate endorsement provide
that they may not be changed or cancelled by the insurer in less than the legal time
required after the insured has received written notice of such change or cancellation,
or in case there is no legal requirement, in less than five days in advance of cancel-
lation.
FIVE COPIES OF THIS CERTIFICATE United States Fidelity & Guaranty Company
MUST BE SENT TO THE OWNER. (Name of Insurer)
By
Z&,Y- I I
Title Agent
CONTRACTOR INFORMATION
TO: City of Lubbock DATE:
P.O. Box 2000
Lubbock, Texas 79457 CDOOJE �NUMBER uly- 13YCg
PROJECT NAME:
c Zy "".Tr �k7e'ae-7 .
1. The undersigned, having submitted a bid to the City of
Lubbock for the construction of the above identified
project, certifies that:
(a) The legal name and business address, (includin zip
code) of the undersigned is: /�% e � p'�J
2.
3.
The undersigned is:
(a) A single proprietorship -(list sole owner)
(b) A partnership (list all partners)
( c )
�A corporation (names of all principals and their
titles) _ ,,n
President:
Vice-Presid
Secretary -T
The taxpayer Identific__
(whichever is applicable):
(a) Employer Identification Number (Federal Identification
Number) :/ -"Z—
(b) Social Security Number:
4. If awarded the bid for the aforementioned project, the
undersigned agrees to for to the City of Lubbock within
ten days after the execution of any subcontractor(s) a list
of all subcontractors who will be employed on said project.
This list will consist of the subcontractor's legal name and
business address.
Date D
r
GENERAL CONDITIONS OF THE AGREEMENT
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word "Owner," or the expression "Party of the
First Part," or "First Party,".are used in this Contract, they
shall be understood as referring to the City of Lubbock, Texas.
2, CONTRACTOR
Whenever the word "Contractor," or the expression "Party of
the Second Part," or "Second Party," are used, they shall be
understood to mean the person, persons, co -partnership or
corporation, to -wit: Williams & Peters Construction Co., Inc.
j
who has agreed to perform the work embraced in this Contract, or
to his or their legal representative.
'3. OWNER'S REPRESENTATIVE AND ARCHITECT OR CONSULTING ENGINEEP
Whenever the term Owner's Representative is used in this
Contract, it shall be understood as referring to _ the City -
Engin-eer - , City Hall, Lubbock,
Texas, under whose supervision these Contract Documents, includ-
ing the plans and specifications, were prepared, and who will
inspect construction; or to such other representative, supervisor
or inspector as may be authorized by said Owner to act in any
particular under this Agreement. Engineers, supervisors or
inspectors will act for the Owner under the direction of Owner's
Representative, but shall not directly supervise the Contractor
or men acting in behalf of the Contractor. The Owner's Repre-
sentative shall have authority to approve change orders involving
a decrease or increase in cost of Five Thousand ($5,000.00) '
Dollars or less.
4. CONTRACT DOCUMENTS
The project
be financed with
Urban Development
and regulations.
to be constructed pursuant to this Contract will
assistance from the Department of Housing and
and is subject to all applicable Federal laws
The Contract Documents shall consist of the Notice to
Bidders, Information For Bidders; Bid Proposal, Signed Agreement,
Statutory Bonds (if required), General Conditions of the Agree-
ment, Exhibits A and B to the General Instructions, Special
Conditions of the Agreement (if any), Specifications, Drawings,
Insurance Certificate and all other documents made available to
Bidder for his inspection in accordance with the Notice to
Bidders.
in the event Special Conditions are contained herein as part
of the Contract Documents and said Special Conditions conflict
with any of Ute General Conditions contained i,n this Contract,
then in such event the Special Conditions shall_ control.
5. INTERPRETATION OF SPECIFICATIONS OR DRAWINGS
Whenever the words "Directed," "Permitted,""Designated,"
"Required," "Considered Necessary, "Prescribed," or words of
like import are used, it shall be understood that the, direction,
requirement, permission, order, designation or prescription of
the Owner's Representative is intended; and similarly, the words
"Approved," "Acceptable," "Satisfactory," or words of like import
shall mean approved by or acceptable or satisfactory to the
Owner's Representative.
Whenever in the Specifications or Drawings accompanying this
Agreement, the terms of description of various qualities relative
to -finish, workmanship or other qualities of similar kind which
cannot, from their nature, be specifically and clearly described
and specified, but are necessarily described in general terms,
the fulfillment of which must __depend on individual judgment,
then, in all such cases, any question of the fulfillment of said
Specifications or Drawing= shall be decided,by the Owner's
Representative, and said work shall be done in accordance with
his interpretations of the meaning of the words, terms or clauses
defining the character of the work.
6. SUBCONTRACTOR
The Contractor may utilize the services of specialty
` subcontractors on those parts of the work which, under normal
contracting practices, are performed by specialty subcontractors.
The Contractor shall not award any work to any subcontractor
without prior written approval of Owner's Representative, which
approval hill not be given until the Contractor submits to the
Owner a written statement concerning the proposed award to the
subcontractor, which statement shall contain ,such information as
the Owner may require.
The Contractor shall,be_ as fully responsible to the Owner
for the acts and omissions of his subcontractors, and of persons
either directly or indirectly employed by them, as he is for the
acts and omissions of persons directly employed by him.
.The Contractor shall cause appropriate provisions to be
inserted in all subcontracts relative to the work to bind
subcontractors to the Contractor by the terms of the General
Conditions and other Contract Documents insofar as applicable to
the work of the subcontractors,an_d to„ give the Contractor the
same power to terminate any subcontract that the Owner may
exercise over the Contractor under any provision of the Contract
Documents.
Nothing contained in this Contract shall create any con-
tractual relation between any subcontractor and the Owner and
said subcontractor will look exclusively to the Contractor for
any payments due subcontractor.
7. ASSIGNMENT
The Contractor agrees that he will retain personal control
and will give his personal attention to the fulfillment of this
Contract. The Contractor further agrees that assignment of any
portion or feature of the work or materials required in the
performance of this Contract, shall not relieve him from his full
obligations to the Owner, as provided by this Contractual
Agreement.
8. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if
delivered in person to the individual or toa member of the firm
or to an officer of the corporation for who it is intended, or
if delivered at or sent certified mail to the last business
address known to him who gives the notice.
All directions, instructions or notices required or autho-
rized to be given under these Contract Documents from the Owner
or Owner's Representative to the Contractor shall be in writing.
9. WORK
Unless otherwise stipulated, the Contractor shall provide
and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and all water,.light, power,
fuel, transportation and all other facilities necessary for the
execution and completion of the work covered by the Contract
Documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good
quality. The Contractor shall, if required, furnish satisfac-
tory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known,
technical or trade meanings shall be held to refer to such
recognized standards.
All work shall be done and all materials furnished in strict
conformity with the Contract Documents or any other information
or instructions conveyed to the Contractor.
10. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" means that the structure
or project contemplated by the Contract Dccuments has been made
jz - 3 -
suitable for -use of occupancy, or the facility is in a condition
to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
11. LAYOUT OF WORK
Except as specifically provided herein, the Contractor shall
be responsible for laying out all work and shall accomplish this
work in a manner acceptable to the Owner's Representative. The
Owner's Representative will check the Contractor's layout of all
major structures and any other layout work done by the Contractor
at Contractor's request, but this check does not relieve the
Contractor of the responsibility of correctly locating all work
in accordance with the Plans and Specifications.
12. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with 4 copies of all
Drawings, Profiles and Specifications without _expense to him and
he shall keep one copy of same consistently accessible on the job
site.
13. RIGHT OF ENTR` ..D INSPECTION
The Owner's Representative may make periodic visits to the
site to observe the progress and quality of the executed work and
to determine, 17� general, if the work is proceeding in accordance
with the Contras Documents. He will,not,be required to make
exhaustive or continuous .on-sit,e inspections to check the quality
or quantity of the work; nor will he be responsiblefor the
construction means, methods, techniques, sequences or procedures,
or the safety precautions incident thereto. His efforts will be
directed towards providing Gssuran.ces for the Owner that the
completed project will conform to the requirements of the
Contract Documents, but he will not be responsible for the
Contractor's failure to perform the work in accordance with the
Contract Do uments. On the basis ,of his on-si_t,e observations, he
will keep the Owner informed of the progress of the work and will
endeavor to protect the Owner against defects and deficiencies in
the work of the Contractor.
The au..noriz.3 representatives and agents of the Owner and
the Department of Housing and Urban Development shall be permit-
ted to inspect all work, materials, payrolls, records of person-
nel, �.nvoiCeS of materials and other relevant data. and records
14. LINES AND GRADES.,
All lines_ and. grades shall be furnished by the Owner's
Represent a"i,ve whe.never_ne_cessary for the commencement of the
work contemplated by these Contrsct.Documents or the completion
of the work contemplated by these Contract Doc;;ments. ''Whenever
necessary, the Contractor shall suspend his work in order to
permit the Owner -'.s Representative to comply with this require-
ment, but such suspension will be as brief as practical and the
Contractor shall be allowed no extra compensation therefore. The
Contractor shall give the Owner's Representative ample notice of
the time and place where lines and grades will be needed. All
stakes, marks, etc., shall be carefully preserved by the Con-
tractor, and in case of careless destruction or removal by him,
his subcontractors or their employees, such stakes, marks, etc.,
shall be replaced by the Owner's Representative at the Contrac-
tor's expense.
15. AUTHORITY AND DUTY OF OWNER'S REPRESERITA"T'IVE
Unless otherwise specified, it is mutually agreed between
the parties to this Agreement that the Owner's Representative
shall review all word: included herein. He has the authority to
stop the work whenever such stoppage may be necessary to insure
'the proper execution of the Contract. In order to prevent delays
and disputes and discourage litigation, it is further agreed that
the Owner's Representative shall, in all cases, determine the
amounts and quantities of the several kinds of work which are to
be paid for under this Contract. He shall determine all ques-
tions in relation to said work and the construction thereof, and
shall, in all cases, decide every question which may arise
relative to the execution of this Contract on the part of said
Contractor. The estimates and findings of the Owner's Represen-
tative shall be conditions precedent to the right of the parties
hereto to arbitration or to any action on the Contract, and to
any rights of the Contractor to receive any money under the
Contract; provided, however, that should the Owner's represen-
tative render any decision or give any direction which, in the
opinion of either party hereto, is not in accordance with the '
meaning and intent of this Contract, either party may file with
said Owner's Representative, within 30 days, his written objec-
tion to the decision or direction so rendered, and by such action
may reserve the right to submit the question so raised to
arbitration, as hereinafter provided. It is the intent of this
Agreement that there shall be no delay in the execution of the
work. Therefore, written decisions or directions of the Owner's
Representative as rendered shall be promptly carried out, and any
claim arising therefrom shall be thereafter adjusted through
arbitration, as hereinafter provided.
The Owner's Representative shall, within a reasonable time,
render and deliver to both the Owner and the Contractor a written
decision on all claims of the parties hereto and on all questions
which may arise relative to the execution of the work or the
interpretation of the Contract, Specifications and Plans. Should
the Owner's Representative fail to make such decision within a
reasonable time, an appeal to arbitration may be taken as if his
decision had been rendered against the party appealing.
16. SUPERINTENDENCE AND INSPECTIONS
It is agreed by the Contractor that the Owner's Represen-
tative shall be and is hereby authorized to appoint from time to
time such subordinate engineers, superviscrs or inspectors as the
said Owner's Representative may deem proper to inspect the
materials furnished and the work performed or being performed
under this Agreement, and to see that said materials are fur-
nished and the work is done in accordance with the specifications
therefor. The Contractor shall furnish all reasonable aid and
assistance required by the subordinate engineers, supervisors or
inspectors for the proper inspection and examination of the work.
The Contractor shall regard and obey the directions and instruc-
tions of any subordinate engineers, supervisors or inspectors so
appointed when such directions and instructions are consistent
with the cz.ligations of this Agreement and accompanying plans and
specifications; provided, however, should the Contractor object
to any orders by any subordinate engineer, supervisor or inspec-
tor, the Contractor may within six (6) days make written appeal
to the Owner's Representative for his decision.
17. ;ONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful
prosecution, and completion of this Contract and shall keep on the
work, during its progress, a competent superintendent and any
necessary assistants, all satisfactory to Owner's Representative.
The superintendent shall represent the Contractor in his absence
and all directions given to him shall be binding as if given to.
the Contractor. Adequate supervision by competent and reasonable
representatives of the Contractor is essential to the proper
performance of the work, and lack of su,h supervision shall be
grounds for suspend -'7g operations of the Contractor. The work,
from its commencemer�, to completion, shall be under the exclusive
charge and control c` the Contractor and all risk in connection
therewith shall be borne by the Contractor.. The Owner or Owner's
Representatives will not be responsible for the acts or omissions
of the Contractor, or any of his agents or employees, or any
other persons performing any of the work.
18. CONTRACTOR'S UNDERSTAN;ING
It is understood and acreed that the Contractor has, by
caref.,ul examination, satisfied himself as to the nature and
location of the work, the confirmation of the ground, the
character, quality. and quantity of materials to be encountered,
the character of equipment and facilities needed preliminary to
and during the prosecution of the work, and the general and local
conditions, and all other matters which in any way affect the
work user this Contract. No verbal agreement or conversation
with any officer, agent or employee of the Owner, either before
II 6 -
or after the -execution of this Contract, shall affect or modify
any of the terms or obligations herein contained.
19. CHARACTER, OF WORKERS
To do the work required by this Contract, the Contractor
agrees to employ only orderly and competent workers, skillful in
the performance in the type of work reouired by the said Con-
tract, and he further agrees that whenever the Owner's Represen-
tative shall inform him in writing that any worker or workers
doing the work are, in his opinion, incompetent, unfaithful or
disorderly, such worker or workers shall be discharged from the
work and shall not again be employed to do the work without
written consent of the Owner's Representative.
20. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment,
machinery and materials necessary .for the prosecution and com-
pletion of this Contract where it is not otherwise specifically
provided that the Owner shall furnish same, and it is also
understood -that the Owner shall not be held responsible for the
care, preservation, conservation or protection of any materials,
tools, equipment or machinery or any part of.the work until it is
finally completed and accepted.
The building of structures for the housing of workers or
equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the
grounds in or about such structures shall at all times be main-
tained in a manner satisfactory to the Owner's Representative.
The Owner will provide such right-of-way and working
easements as are indicated on the construction plans for the
project. Any additional working space than that indicated on the
project plans shall be obtained by the Contractor at no cost to
the Owner. If the Contractor deems it necessary to obtain
additional space for storage of materials or for any other
reason, the Contractor shall protect and hold the Owner harmless
from any and all claims resulting from the use of, encroachments
upon or damage to such property. Further, before final payment,
the Contractor shall furnish the Owner with a written statement
Ir each landowner whose property was used, indicating that the
property was restored to a condition satisfactory to such
landowner.
21. SANITATION
Necessary sanitary conveniences for the use of laborers on
the work site, properly secluded from public observation, shall
be constructed and maintained by the Contractor in such manner
and at such points as shall be approved by the Owner's Represen
II - -
4
tative. The
facilities.
Contractor shall strictly enforce the use of such
22. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at
all reasonable times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities
and access for such otservation and testing at any location
wherever work is in preparation or progress. Contractor shall
ascertain the Scope of any Observations or tests which may be
contemplated by Owner or Owner's Representative and shall give
ample notice as to the time each part of the work will be ready
for such observations and tests. Owner or Owner's Representative
may rejeot any work found to be defective or not in accordance
with the Contract Documents, regardless of the stage of its
comp'Letic}n or the time or place of discovery of such errors, and
regardless of whether Owner or Owner's Representative has
previously accepted the work through oversight or otherwise. If
any wore: should be covered without approval .or consent of the
Owner, it must, if requested by the Owner or Owner's Represen-
tative, be uncovered for for examination at the Contractor's
en:)ense. In the event that any.part of the work is being
fabricated or manufactured at a location where it is not con—
venient for Owner or Owner's Representative to make observations
or such work or require testing of said work, then in such event,
�ri,�,er or Owner's Fepre&entative may require Contractor to furnish
Owner or Owner's Repreentative certificates of inspection,
testing or approval made by persons competent to perform such
tasks at the location where that part of -the work is being
manufactured or fa•rcated. All such tests will be in accordance -
with the methods prescribed by the American Society for Testing
and materials or such other applicable organization as maybe
required by law or the Contract Documents.
If any work which is required to be inspected, tested or
approved, is covered up without written approval or consent of
the Owner or Owner's R,eprsentative, it must, if requested by the
Owner or Owner's Representative, be uncovered for observation and
testing at the Contractor's expense. The cost of all such
inspections, tests and approvals shall be borne by the Contractor
unless otherwise provided herein. Any work which fails to meet
the requirements of any such tests, inspections or approval, and
any work which meet=_ the requirements of any such tests or
approval but does not meet the requirements of the Contract
Documents shall be considered defective. Such defective work
s`-�all be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative,
nor inspections, tests or approvals made by Owner or Owner's
Representative or other persons authorized under this Agreement
to make such inspections, tests or approvals, shall relieve the
Contractor from his obligation to perform the work in accordance
with the requirements of the Contract Documents.
23. DEFECTS AND THEIR REMEDIES
It is agreed that if the work or any part thereof, or any
material brought on the site of the work for use in the work or
selected for the same, shall be deemed by the the Owner or
Owner's Representative as unsuitable or not in conformity with
plans, specifications and Contract Documents, the Contractor
shall, after receipt of written notice thereof from the Owner's
Representative, forthwith remove such material and rebuild or
otherwise remedy such work so that it shall be in full accordance
with this Contract. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at the
Contractor's expense.
24. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such
changes and alterations as the Owner may see fit, in the line,
grade, form, dimensions, plans or materials for -the work herein
contemplated, or any part thereof, either before or after the
beginning of the construction, without affecting the validity of
this Contract and the accompanying bond.
If such changes or alterations diminish the quantity of the
work to be done, they shall not constitute the basis for a claim
for damages, or anticipated profits on the work that may be
dispensed with. If they increase the amount of work, and the
increased work can fairly be classified under the specifications,
such increase shall be paid according to the quantity actually
done and at the unit price established for such work under this
Contract; otherwise, such additional work shall be paid for as
provided under Extra Work. In case the Owner shall make such
changes or alterations as shall make useless any work already
done or material alread,v furnished or used in said work, then the
Owner shall recompense the Contractor for any material or labor
so used and for any actual loss occasioned by such change due to
actual expenses incurred in preparation for the work as orig—
inally planned.
25. EXTRA WORK
The term "extra work" as used in this Contract shall be
understood to mean and include all work that may be required by
the Owner or Owner's Representative to be done by the Contractor
to accomplish any change, alteration or addition to the work as
shown on the plans and specifications or Contract Documents and
not covered by the Contractor's proposal, except as provided
under Changes and Alterations herein.
II- 9
It is agreed that the Contractor shall perform all extra
work under the direction of the Owner's Representative when
presented with a written work order signed by the Owner's
Representative, subject, however, to the right of the Contractor
to require written confirmation of such extra work order by the
Owner. It is also agreed that the compensation to be paid to the
Contractor for performing said extra work shall be determined by
one or more of the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed
upon before the extra work is commenced, then
the Contractor shall be paid the actual field
cost of the work, plus fifteen (15%) percent.
In the event said extra work be performed and paid for under
Method (C), then the provisions of this paragraph shall apply and
the "actual field cost" is hereby defined to include the cost of
all workmen, such as foremen, timekeepers, mechanics and labor-
ers, and materials, supplies, teams, trucks, rentals on machinery
and equipment, for the time actually employed or used on such
extra work, plus actual transportation charges necessarily
incurred, together with all expenses incurred directly on account
of such extra work, including Social Security, Old Age Benefits,
Maintenance Bonds, Public Liability and Property Damage and
Workmen's Compensation and all other insurances as may be
required by law or ordinances or directed by the Owner or Owner's
Representative, or by them agreed to. Owner's Representative may
direct the form in which accounts of the actual field cost shall
be kept and records of these accounts shall be made available to
the Owner's Representative. The Owner's Representative may also
specify in writing, before the work commences, the method of
doing the work and the type and kind of machinery and equipment
to be used; otherwise, these matters Shall be determined by the
Contractor. Unless otherwise agreed upon or specified, the
prices for the use of machinery and equipment shall be determined
by using 100%, of the latest Schedule of Equipment and Ownership
Expenses adopted by the Associated General Contractors of
America. Where practical, the terms and prices for the use of
machinery and equipment shall be incorporated in the written
extra work order. The fifteen percent (150) of the actual field
cost to be paid to the Contractor shall cover and compensate him
for his profit, overhead, general superintendence, and field
office expense, and all other elements of cost and expense not
embraced within the actual field cost as herein defined, save
that where the Contractor's Camp or Field Office must be main-
tained primarily on account of such extra work, then the cost to
maintain and operate the same shall be included in the "actual
field cost."
No claim for extra work of any kind will be allowed unless
ordered in writing by the Owner's Representative. In case any
orders or instructions appear to the Contractor to involve extra
work for which he should receive compensation or an adjustment in
the construction time, he shall make a written request to the
Owner's Representative for a written order authorizing such extra
work. Should a difference of opinion arise as to what does or
does not constitute extra work, or as to the payment therefor,
and the Owner's Representative insists upon its performance, the
Contractor shall proceed with the work after making a written
request for a written order and shall keep adequate and accurate
account of the actual field cost thereof, as provided under
Method (C). The Contractor, will thereby preserve the right to
submit the matter of payment to arbitration, as herein below
provided.
26. DISCR%EPANCI ES AND OMISSION'S
It is further agreed that it is the intent of this Contract
that all work described in the proposal, the.specifications,
plans and other Contract Documents be done for the price quoted
by the Contractor and that such price shall include all appur-
tenances necessary to complete the work in accordance with the
intent of these Contract Documents, as interpreted by the Owner's
Representative. If the Contractor finds any discrepancies or
omissions in these plans, specifications or Contract Documents,
he should notify the Owner's Representative and obtain a clari-
fication before the bids are received, and if no such request is
received by the Owner's Representative prior to the opening of
bids, then it shall be considered that the Contractor fully
understands the work to be included and has provided sufficient
sums in his proposal to complete the work in accordance with
these plans and specifications. It is further understood that
any request for clarification must be submitted no later than
five days prior to the opening bids.
27. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If, at any time, the methods or equipment used by the Con-
tractor are found to be inadequate to secure the quality of work
with the rate of progress required under this Contract, the Owner
or, Owner's Representative may order the Contractor in writing to
increase their safety or improve their character and efficiency
and the Contractor shall comply with such order.
. If, at any time, the working force of the Contractor is
inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase his force or
equipment, or both, to such an extent as to give reasonable
assurance of compliance with the schedule of progress.
26. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE. PUBLIC
The Contractor shall take out and procure a policy or
policies of w'orker's Compensation Insurance with an insurance
company licensed to transact business in the State _of Texas,
which policy or policies. shall comply with the Worker's Compen-
sation laws of the State of Texas. The Contractor shall at all
times exercise reasonable precaution for the safety of employees
and others on or near the work and shall comply with all appli-
cable provisions of federal, state and municipal laws and
building and construction codes. All machinery and equipment and
other physical hazards shall be guarded in accordance with the
"Manual of Accident Prevention.in Construction" of Associated
General Contractors of America, except where incompatible with
federal, state or municipal laws or regulations. The Contractor,
his sureties and insurance carriers shall _defend, indemnify and
save harmless the Owner and all of its officers, agents and
employees from all suits, actions or claims of any character
whatsoever brought for or on account of any injuries er damages
received or sustained by any person or persons or property, on
account of any negligent act or fault of the Contractor or any
subcontractor, their agents or employees, in execution and
supervision of said _Contract an,d the,_project which is the subject
matter of this Contract, on account of the failure of the
-:jntractor,or any subcontractor to provide necessary barricades,
warning lights or signs, and will be required to pay any judgment
with costs which may be obtained against the Owner orany of its
officers, agents or employees, including attorney's fees.
The safety precautions taken shall be the sole responsi-
bility of the Contractor, in his sole discretion as an Indepen-
dent Contractor. Inclusion of this section in th_e,Agreement, as ,
well as any notice which may be given by the Owner or the Owner's
Representative concerning omissions under this section as the
work progresses, are intended as reminders to the Contractor of
his duty, and shall not be construed as any assumption of duty to
supervise safety precautions taken by either the Contractor or
any of his subcontractors.
29. CONTRACTOR'S INSURANCE: SCOPE OF INSURANCE AND SPECIAL HAZARDS_
The insurance required under this section shall provide
adequate protection for the Contractor and his subcontractors,
respectively, against damage claims which may arise from opera-
tions under this Contract, whether such operations be by the
insured or by anyone directly or indirectly employed by him and,
also, against any of the special hazards which may be encountered
in the performance of this Contract, as enumerated in the Supple-
mental General Conditions.
The Contractor shall procure and carry, at his sole cost and
expense throughout the life of this Contract, insurance protec
tion as hereinafter specified. Such insurance shall be carried
with an insurance company licensed to transact business in the
State of Texas and shall cover all operations in connection with
this Contract, whether performed by the Contractor or a subcon-
tractor, or separate policies shall be provided covering the
operation of each subcontractor.
(A) Worker's Compensation and Employer's Liability
Insurance.
As required by State statute covering all employees on
a work whether employed by the Contractor or any subcontrac-
tor on the job.
(B) Owner's Protective or Contingent Public Liability
Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or
Contingent Public Liability Insurance policy naming the City
of Lubbock as an additional insured and the amount of such
policy shall be as follows:
$ - 500.000, for bodily injuries, including accidental
death, to any one person, but limited to $ 500,000
per occurrence, and $ 100.000 for property damage.
The Contractor shall obtain a Contractor's Protective
(Contingent) Liability Insurance policy and the amount of
said policy shall be as follows:
In an amount not less than $ 3001000 for bodily
injuries, including accidental death, to any one
person, but not less than $ 500.000 per occurrence
and in the amount of not less than $ 3001000 for
property damage.
In addition to the insurance required above, the
Department of Housing and Urban Development requires that
all contracts in excess of $100,000.00 provide Builders Risk
Insurance (Fire and Extended coverage).
Until the project is completed and accepted by the
Owner, said Owner or Contractor (at the Owner's option, as
indicated in the Supplemental General Conditions, Form
HUD -4238-N) is required to maintain Builder's Risk Insurance
(fireandextended coverage) on a 100 percent completed
value basis on the insurable portion of the project for the
benefit of the Owner, the Contractor and subcontractors, as
their interests may appear. The Contractor shall not
include any costs for Builder's Risk Insurance (fire and
extended coverage) premiums during construction unless the
Contractor is required to provide such insurance; however,
this provision shall not release the Contractor from his
obligation to complete, according to plans and specifica-
tions, the project covered by the Contract, and the Con-
tractor and his _Surety shall be obligated to full perfor-
mance of the Contractor's undertaking.
(C) Automobile Insurance
The Contractor shall procure automobile insurance
providing coverage as follows:
In an amount not less that $ 250,000 for injuries,
including accidental death, to any one person, but not
less than $ 500,000 per occurrence, and in the
amount of not less than $ 100,000 for property
damage.
(D) Proof of Coverage
Before work on this Contract is commenced, each
Contractor and subcontractor shall submit to the Owner for
approval three (3) certificates of insurance covering each
insurance policy carried and offered as evidence of compli-
ance with the above insurance requirements, signed by an
authorized representative of the insurance_ company setting
forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance.
applies.
(3) The name of the policy and type or types of insurance
in force thereunder on the date borne, by such certi-
ficate.
(4) The expiration date of the policy and the limit or
limits of liability thereunder on the date borne by
such certificate.
(5) A statement that the insurance of the type afforded by
the policy applies to all of the operations of whatever
character which are undertaken—by the insured during
the performance of this Contract, provided such
operations are required in the performance of the
Contract.
(6) A provision that the policy may be cancelled only by
mailing written notice to the named insured a_t the
address shown in the policy, stating when, not less
than ten (10) days thereafter, cancellation of such
0
policy shall be effective, with a copy to the Owner of
said letter of intent.
(7) A provision that written notice shall be given to the
Owner ten (10) days prior to any change in or cancel-
Iation of the policies shown on the certificate.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS. LABORERS,
MATERIALMEN AND FURNISHERS OF MACHINERY. EQUIPMENT AND
SUPPLIES
The Contractor agrees that he will indemnify and save the
Owner harmless from all claimsgrowing out of any demands of
subcontractors, laborers, workmen, mechanics, materialmen and
furnishers of machinery and parts thereof, equipment, power
tools, all suppliers, including commissary, incurred in the
furtherance of the performance of this Contract. When Owner so
desires, the Contractor shall furnish satisfactory evidence that
all obligations of the nature hereinabove designated have been
paid, discharged or waived.
If during the progress of the work, Contrac-tor shall allow
any indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and
discharge any such indebtedness within five (5) days after demand
is made, then Owner may, during the period for which such indebt-
edness shall remain unpaid, withhold from the unpaid portion of
this Contract, a sum equal to the amount of such unpaid indebt-
edness, or may apply the sum so withheld to discharge any such
indebtedness.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and
shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal
agreement with the Patentee or Owner thereof. The Contractor
shall defend all suits or claims for infringement of any patent
or copyrights and shall indemnify and save the Owner harmless
from any loss on account thereof, except that Owner shall defend
all such suits and claims and shall be responsible for all such
loss' when a particular design, device, material or p-rocess or the
product of a_particular manufacturer or manufacturers is speci-
fied or required in these Contract Documents by Owner; provided,
however, if choice of alternate design, device, material or
process is allowed to the Contractor, then Contractor shall
indemnify and save,Owner harmless from any loss on account
thereof. If the material or process specified or required by
Owner is an infringement, the Contractor shall be responsible for
such loss unless he promptly gives written notice to the Owner of
such infringement.
32. LAWS AND.ORDINANCES
The Contractor shall at all times observe and comply with
all federal, state and. local laws, ordinances and regulations
which in any manner affect the Contract or the work, and shall
indemnify and save harmless.the Owne against any claims arising
from the violation of any such laws, ordinances and regulations,
whether by the Contractor or his employees. If the Contractor
observes that the plans and specifications are at variance
therewith, he shall promptly notify the Owner's Representative in
writing, and any necessary changes shall be adjusted as provided
in the Contract for changes in the work. If the Contractor
performs ar�y work knowing it to be contrary to such laws;
ordinances. rules and regulations, and without such notice to the
Owner's Representative, he shall bear all costs arising there-
from.
The Owner is a municipal corporation of the State of Texas
and the law from which it derives its powers, insofar as the same
regulates the objects for which, or the manner in which, or the
conditions under which the Owner may enter into contracts, shall
be controlling and shall be considered as part of this Contract
to the same effect as though embodied herein.
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed, by and between
the Contractor and the Owner, that the date of beginning and the
time for completion of the work, as specified in the Contract,
are ESSENTIAL CONDITIONS of this Contract; and it is further
mutually understood and agreed that the work embraced in this
Contract shall be commenced on a date to be specified in the
"Notice to Proceed."
The Contractor agrees that said work shall be prosecuted
regularly, diligently and uninterruptedly at such rate of
progress as will insure full completion thereof within the time
specified. It is expressly understood and agreed by and between
the Contractor and the Owner that the time for the completion of
the work described herein is a reasonable time for the comple-
tion of the same, taking into consideration the average climatic
range and usual industrial conditions prevailing in the locality.
If the said Contractor shall neglect, fail or refuse to
complete the work within the time herein specified, or any proper
extension thereof granted by the Owner, then the Contractor does
hereby agree, as apart of the consideration for the awarding of
this Contract, to pay to the Owner the amount specified in the
Information for Bidders, not as a penalty, but as liquidated
damages for such breach of Contract, as hereinafter set forth,
for each and every calendar day that the Contractor shall be in
default after the time stipulated in the Contract for completing
the work.
The said amount is fixed and agreed upon by and between the
Contractor and the Owner because of the impracticability and
extreme difficulty of fixing and ascertaining the actual damages
the Owner would in such event sustain, and said amount is agreed
to be the amount of damages which the Owner would sustain, and
said amount shall be permanently retained from time to time by
the Owner from current periodical estimates.
It is further agreed that time is of the essence for each
and every portion of this Contract and of the specifications
wherein a definite and certain length of time is fixed for the
performance of any act whatsoever; and where, under the Contract
additional time is allowed for the completion of any work, the
new time limit fixed by such extension shall be of the essence of
this Contract. Provided, that the Contractor shall not be
charged with liquidated damages or any excess cost when the Owner
determines that the Contractor is without fault and the Contrac-
tor's reasons for the time extension are acceptable to the Owner;
Provided, further, that the Contractor shall not' be charged with
liquidated damages or any excess cost when the delay in comple-
tion of the work is due:
(a) To any preference, priority or allocation order duly
issued by the Government.
(b) To any unforeseeable cause beyond the control and
without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the`
public enemy, acts of the Owner, acts of another
Contractor in the performance of a contract with the
Owner, fires, floods, epidemics, quarantine restric-
tions, strikes, freight embargoes or severe weather;
and
(c) To any delays of subcontractors or suppliers occasioned
by any of the causes specified in subsections (a) or
(b) of this Section.
Provided further, that the Contractor shall, within ten (10)
days from the beginning of such delay, unless the Owner shall
grant a further period of time prior to the date of final
settlement of the Contract, notify the Owner, in writing, of the
causes of the delay, who shall ascertain the facts and extent of
the delay and notify the Contractor within a reasonable time of
the Owner's decision in the matter.
c
34. TIME ANYORDER OF COMPLETION
It is the meaning and intent of this Contract, unless
otherwise herein specifically provided, that the Contractor shall
be allowed to prosecute his work at such time and sessions, in
such order or precedence, and in such manner as shall be most
conducive to economy of construction; provided, however, that the
order and time of prosecution shall be such that the work shall
be substantially completed as a a whole and in part, in accor-
dance with this Contract, the plans and specifications, and
within the time of completion designated in the proposals;
provided, also, that when the Owner is having other work done,
either by contract or by his own force, the Owner's Represen-
tative may direct the time and manner of construction work done
under this Contract so that conflicts will be avoided and the
construction of the various works being done for the Owner shall
be harmonized.
The Contractor shall submit, at such times as may reasonably
be requested by the Owner's Representative, schedules which shall
show the order in which the Contractor proposes to carry on the
work, with dates at which the Contractor will start the several
parts of the work, and estimated dates of completion of the
several parts.
35. EXTE'N'SION OF TIME
The Contractor agrees that he has submitted his proposal in
full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and
industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of Section 33 =
hereinabove set forth, and that he shall not be entitled to, nor
will he request, an extension of time on this Contract, except
when his work has been delayed by an act or neglect of the Owner,
Owner's Representative, employees of the Owner or other contrac-
tors employed by the Owner, or by changes ordered in the work, or
by strike, walk -outs, acts of God or the public enemy, fire or
flood. The Contractor may applying writing for an extension of
time, submitting therewith all written justification a may be
required by the Owner's Representative for such an extension. The
Owner's Representative within ten (10) days after receipt of a
written request for an extension of time by the Contractor,
supported by all requested documentation, shall then submit such
write -en request to the City Council of the City of Lubbock for
its consideration. Should the Contractor disagree with the
action of the City Council, such disagreement shall be settled by
arbitration as hereinafter provided.
Ii - 18 -
36. HINDRANCE AND DELAYS
In executing this Agreement, the Contractor agrees that in
undertaking to complete the work within the time herein fixed, he
has taken into consideration and made allowances for all hin-
drances and delays incident to.such work, whether growing out of
delays in securing material or workmen or otherwise. No charge
shall be made by the Contractor for hindrance or delays from any
cause during the progress of any part of the work embraced in
this Contract except where the work is stopped by order of the
Owner or Owner's Representative for the Owner's convenience, in
which event such expense, as in the judgment of the Owner's
Representative is caused by such stoppage, shall be paid by Owner
to Contractor.
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be
allowed, but the actual measured or computed length, area, solid
contents, number and weight only shall be considered, unless
otherwise specifically provided.
In the event this Contract is let on a unit price basis,
then Owner and Contractor agree that this Contract, including the
specifications, plans and other contract documents are intended
to show clearly all work to be done and material to be furnished
hereunder. Where the estimated quantities are shown for the
various classes of work to be done and material to be furnished
under this Contract, they are approximations and are to be used
only as a basis for estimating the probable cost of the work and
for comparing their proposals offered for the work. It is
understood and agreed that the actual amount of work to be done
and the materials to be furnished under this Contract may differ
somewhat from these estimates, and that where the basis for
payment under this Contract is the unit price method, payment
shall be for the actual amount of work done and materials
furnished on the project.
38. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the
adjacent or adjoining property or properties in any way en-
countered and which may be injured or damaged by any process of
construction to be undertaken under this Agreement, and he shall
be liable for any and all claims for such injury or damage on
account of his failure to fully protect all adjacent property.
The Contractor agrees to indemnify, save and hold harmless the
Owner against any claim or claims for damages due to any injury
to any adjacent or adjoining property arising or growing out of
the performance of this Contract, but such indemnity shall not
apply to any claim of any kind arising out of the existence or
character of the work.
3
39. PRICE FOR WORK
In consideration of furnishing all necessary labor, equip-
ment and material and the completion of all work by the Contrac-
tor, and on the delivery of all materials embraced in this
Contract in full conformity with the specifications and stipu-
lations herein contained, the Owner agrees to pay the Contractor
the price set forth in the proposal attached hereto, which has
been made a part of this Contract, and the Contractor hereby
agrees to receive such price in full for'furnishing`all materials
and all labor required for the aforesaid work, also, for all
expenses incurred by him and for well and truly performing the
same and the whole thereof in the manner and according to this
Agreement, the attached specifications, plans, Contract Documents -----
and requirements of Owner's Representative.
40. CONST UC.TON SCHEDULE & PERIODIC ESTIMATEES
Immediately after execution and delivery of the Contract,
and before the first partial payment is made, the Contractor
shall deliver to the Owner an estimated construction progress
schedule in a form satisfactory to the Owner, showing the
proposed dates of commencement and completion of each of the
various subdivisions of work required under the Contract Docu-
ments and the anticipated amount of each monthly payment that
will become due the Contractor in accordance with the progress
schedule. The Contractor shall also furnish on forms to be
supplied by the Owner (a) a detailed estimate giving a complete
breakdown of the Contract price and (b) periodic itemized
estimates of work done for the purpose of making partial payments.
thereon.' The costs employed in making up any of these schedules
will be used only for determining the basis of partial payments
and will not be considered as fixing a basis for additions to or
deductions from the Contract price.
41. PAYMENTS TO CONTRACTOP,
Not later than the 15th day of each calendar month, the
Owner shall make a progress payment to the Contractor on the
basis of a duly certified and approved estimate of the work
performed during the preceding calendar month under this Con-
tract, but to insure the proper r performance of this Contract,--t_he
Owner shall retain five percent (5%) of the amount of each
estivate until final completion and acceptance of all work
covered by this Contract: Provided, that the Contractor shall
submit his estimate not later than the first day of the month;
Provided, further, that the Owner at any time after fifty percent
50% of the work has been completed, if it finds that'satis
factory progress is being made, may make any of the remaining
progress payments in full; Provided, further, that on completion
and acceptance of each separate building, public work or other
II - 20 -
division of the Contract, on which the price is stated sepa-
rately in the Contract, payment may be made in full, including
retained percentages thereon, less authorized deductions.
In preparing estimates, the material delivered on the site
and preparatory work done may be taken into consideration.
All material and work covered by partial payments made shall
thereupon become the sole property of the Owner, but this
provision shall not be construed as relieving the Contractor from
the sole responsibility for the care and protection of materials
and work upon which payments have been made, or the restoration
of any damaged work, or as a waiver of the right of the Owner to
require the fulfillment of all the terms of the Contract,_
Owner's Right To Withhold Certain Amounts and Make Applica-
tion Thereof: The Contractor agrees that he will indemnify and
save the Owner harmless from all claims growing out the lawful
demands of subcontractors, laborers, workmen, mechanics, mate-
rialmen and _furnishers of machinery and parts thereof, equip-
ment, power tools and all supplies, including commissary,
incurred in the furtherance of the performance of the Contract.
The Contractor shall, at the Owner's request, furnish _satis-
factory evidence that all obligations of the nature hereinabove
designated have been paid, discharged or waived. If the Con-
tractor fails so to do, then the Owner may, after having served
written notice on the said Contractor, either directly pay unpaid
bills of which the Owner has written notice or withhold from the
Contractor's unpaid compensation a sum of money deemed reasonably
sufficient to pay any and all such lawful claims until satisfac-
tory evidence is furnished that all liabilities have been fully
discharged, whereupon payment to the Contractor shall be resumed
in accordance with the terms of this Contract, but in no event
shall the provisions of this sentence be construed to impose any
obligations upon the Owner to either the Contractor or his
Surety. In paving any unpaid bills of the Contractor, the Owner
shall be deemed the agent of the Contractor, and any payment so
made by the Owner shall be considered as a payment made under the
Contract by the Owner to the Contractor, and the Owner shall not
be liable to the Contractor for any such payments made in good
faith.
No payments made or certificates given shall be considered
as conclusive evidence of theperformance of the Contract, either
wholly or in part, nor shall any certificate or payment be
considered as acceptance of defective work.
42. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND
'SUBCONTRACTORS
The Contractor and each subcontractor shall prepare their
payrolls on forms satisfactory to and in accordance with in -
ii - 21 -
structions to -be furnished by the Local Public Agency or Public
Body. The Contractor shall submit weekly to the Local Public
Agency or.Public Body two certified copies of all payrolls of the
Contractor and of the subcontractors, it being understood that
the Contractor shall be responsible for the submission of copies
of payrolls of all subcontractors. Each such payroll shall
contain the "Meekly Statement of Compliance" set forth in Section
3:3 of Title 29, Code of Federal Regulations. The payrolls and
basic payroll records of the Contractor and each subcontractor
covering all laborers and mechanics employed upon the work
covered by this Contract shall be maintained during the course of
the work and preserved for a period of three (3) years there-
after. Such payrolls and basic payroll records shall contain the
name and address of each such employee, his correct classifica-
tion, rate of pay (including rates of contributions or costs
anticipated of the types described in Section 1(b)(2) of the
Davis -Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. In addition, whenever the
Secretary of Labor has found under Section 5.5(a)(1)(iv;' of Title
29, Code of Federal Regulations, that the wages of any lLtiorer or
mechanic include the amount of any costs reasonably anticipated
in providing benefits under a plan or program described in
Section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor or
Subcontractor shall maintain records which show that the commit-
ment to provide such benefits is enforceable, that the Flan or
program is financially responsible and that the plan or program
has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the
actual cost incurred in providing such benefits. The Contractor
and each subcontractor shall make their employment records with
respect to persons employed by them upon the work covered by this.
Contract -available for inspection by authorized representatives
of the Secretary of Housing and Urban Development, the Local
Public Agency or Public Body and the United States Department of
Labor. Such representatives shall be permitted to interview
employees of the Contractor or of any subcontractor during
working hours on the job.
43. MINIMUM WAGES (See Exhibit B:_ In excess of $21000)
All laborers and mechanics employed upon the work covered
this Contract shall be paid unconditionally and not less often
than once each week, and without subsequent deduction or rebate
on any account (except such payroll deductions as are made
mandatory by law and such other payroll deductions as are
permitted by the applicable regulations issued by the Secretary
of Labor, United States Department.of Labor, pursuant to the
Anti -Kickback Act hereinafter identified), the full amount due
time of payment computed at wage rates not less than those
contained in the wage determination decision of said Secretary
Labor (a copy of which is included in Exhibit B) regardless of
any contractual relationship which may be alleged to exist
II 22 -
MI
at
of
between the Contractor or any subcontractor and such laborers and
mechanics. All laborers and mechanics employed upon such work
shall be paid in cash, except that payment may be by check if the
employer provides or secures satisfactory facilities approved by
the Local Public Agency or Public Body for the cashing of the
same without cost or expense to the employee. For the purpose of
this clause, contributions made or costs reasonably anticipated
under Section 1(b)(2) of the Davis -Bacon Act on behalf of
laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provisions of Section 5.5(2)(1)(iv)
of Title 29, Code of Federal Regulations. Also for the purpose
of this clause, regular contributions made or costs incurred for
more than a weekly period under plans, funds or programs, but
covering the particular weekly period, are deemed to be con-
structively made or incurred during such weekly period.
44. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE
DEDUCTIONS
The applicable wage poster of the Secretary of Labor, United
States Department of Labor, and the applicable wage determination
decisions of said Secretary of Labor with respect to the various
classification of laborers and mechanics employed and to be
employed upon the work covered by this Contract, and a statement
showing all deductions, if any, in accordance with the provisions
of this Contract, to be made from wages actually earned by
persons so employed or to be employed in such classifications,
shall be posted at appropriate conspicuous points at the site of
the work.
45. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID
WAGE DETERMINATIONDECISION'S
Any class of laborers or mechanics which is not listed in
the wage determination decisions and which is to be employed
under the Contract will be classified or reclassified conform-
ably to the wage determination by the Local Public Agency or
Public Body, and a report of the action taken shall be submitted
by the Local Public Agency or Public Body, through the Secretary
of Housing and Urban Development, to the Secretary of Labor,
United States Department of Labor. In the event the interested
parties cannot agree on the proper classification or reclassifi-
cation of a particular class of laborers and mechanics to be
used, the question, accompanied by the recommendation of the
Local Public Agency or Public Body, shall be referred, through
the Secretary of Housing and Urban Development, to the Secretary
of Labor for final determination.
46. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK $Y EMPLOYEES
The transporting of materials and supplies to or from the
site of the Project or Program to which this Contract pertains by
II - 23 -
d
the employees -of the Contractor or of any subcontractor, and the
manufacturing or -furnishing of materials, articles, supplies or
equipment on the site of the Project or Program to which this
Contract pertains by persons employed by the Contractor or by any
subcontractor, shall, for the purposes of this Contract, and
without limiting the generality of the foregoing provisions of
this Contract, be deemed to be work to which these Federal Labor
Standards Provisions are applicable.
47. UNDER -PAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any
subcontractor to laborers or mechanics employed by the Contractor
or subcontractor upon the work covered by this Contract, the
Local Public Agency or Public Body, in addition to such other
rights as may be afforded it under this Contract, shall withhold
from the Contractor, out of any payments due the Contractor, so
much thereof as the Local Public Agency or Public Body may
consider necessary to pay such laborers or mechanics the full
amount of wages required by this Contract. The amount so
withheld may be disbursed by the Local Public -',agency or Public
Body, for and on account of the Contractor or the subcontractor
(as may be appropriate), to the respective laborers or mechanics
to whom the same is due, or on their behalf to plans, funds or
programs for any type of fringe benefit prescribed in the
applicable determination.
48. ANTICIPATED COSTS OF FRINGE BENEFITS
If the Contractor does not make payments to a trustee or
other third person, he may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably antici-
pated in providing fringe benefits under a plan or program of a
type expressly listed in the wage determination decisions of the
Secretary of Labor which are a part of this Contract: Provided,
however, the Secretary of Labor has found, upon the written
request of the Contractor, that the applicable standards of the
Davis -Bacon Act have been met. The Secretary of tabor may
reguire the Contractor _to set aside, in a separate account,
assets for meeting the obligations under the plan or program. A
copy of any findings made by the Secretary of Labor in respect to
fringe benefits being provided by the Contractor must be submit-
ted to the Local Public Agency or Public Body with the first
payroll filed by the Contractor subsequent to receipt of the
find'.nos.
49. FRINGE BENEFITS NOT EXPRESSED HAS HOUR -LY WA_G_E.`R'ATES
The Local Public Agency or Public Body shall require,
whenever the minimum wage rate prescribed.in the Contract for a
class of laborers or mechanics includes a fringe benefit which is
not expressed as an hourly wage rate, and the Contractor is
II- 24 -
obligated to.pay the cash equivalent of such'a fringe benefit, an
hourly cash equivalent thereof to be established. In the event
the interested parties cannot agree upon a cash equivalent of the
fringe benefit, the question, accompanied by the recommendation
of the Local Public Agency or Public Body, shall be referred,
through the Secretary of Housing and Urban Development, to the
Secretary of Labor for determination.
50. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND
SAFETY STANDARDS ACT (76 STAT. 357-360: TITLE 40 U.S.C.
SECTIONS 327-332
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the Contract work which may require
or involve the employment of laborers or mechanics, including
watchmen and guards, shall require or permit .any laborer or
mechanic in any work week in which they are employed on such work
to work i.'n excess of 8 hours in any calendar day or in excess of
40 hours in such work week unless such laborer or mechanic
receives compensation at a rate not less than one and one-half
times their basic rate of pay for all hours worked in excess of 8
hours in any calendar day or in excess of,40_hours _in such_work__
week, as the case may be.
(b) Violation: Liabilitv for unpaid waoes and liquidated
damages. In the event of any violation of the clause set forth
in paragraph (a) of this Section, the Contractor and any subcon-
tractor responsible therefor shall be liable to any affected
employee for his unpaid wages. In addition, such Contractor and
_..._,._._... _._.._ ...
subcontractor shall be liable to the United States for . liquidated
damages. Such liquidated damages shall be computed with respect
to each individual laborer or mechanic employed in violation of
the clause set forth in paragraph (a) in the sum of $10 for each
calendar day on which such employee was required or permitted to
work in excess of 8 hours or in excess of the standard work week
of 40 hours without payment of the overtime wages required by the
clause set forth in paragraph (a).
(c) Withholding for liquidated damages. The Local Public
Agency or Public Body shall withhold or cause to be withheld from
any moneys payable on account of work performed by the Contractor
or anv subcontractor such sums as may administratively be
determined to be necessary to satisfy any liabilities of such
Contractor or subcontractor for liquidated damages, as provided
in the clause set forth in paragraph (b) of this Section.
(d) Subcontracts. The Contractor shall insert in„any
subcontracts the clauses set 'forth.__:in__paragraphs (a), (b) and (c)
of this Section and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontract which they
may enter into, together with a cl2use requiring this insertion
in any further subcontracts that may in turn be made.
II 25
51. EMPLOYMENT QE APPRENTICES/TRAINEE`S.
(a) Apprentices will be permitted to work at less than the
predetermined rate for the work they perform when they are
employed and individually registered in a bona fide apprentice-
ship program registered with the U. S. Department of Labor,
Manpower Administration, Bureau of Apprenticeship and Training,
or with a State Apprenticeship Agency recognized by the Bureau,
or if a person is employed in his first 90 days of probationary
employment as an apprentice in such an apprenticeship program who
is not individually registered in the program, but who has been
certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen in any craft classification shall not
be greater than the ratio permitted to the Contractor as to his
entire work force under the registered program. Any employee
listed on a payroll at an apprentice wage rate who is not a
trainee as def.�-ed in paragraph (b) of this Section or is not
registered or c:_herwise employed as stated above, shall be paid
the wage rate determined by the Secretary of Labor for the
classification of work he actually performs. The Contractor or
subcontractor will be required to furnish to the contracting
officer, or a representative of the Wage -Hour Division of the
U. S. Department of Labor, written evidence of the registration
of his program and apprentices, as well as the appropriate ratios
and wage rates (expressed in percentages of the journeymen hourly
rates), for the area of construction prior to using any appren-
tice on the Contract work. The wage rate paid apprentices shall
be not less than the appropriate percentage of the journeyman's
rate contained in the applicable wage determination.
(b) Trainees. Except as provided in 29 CFR 5.15, trainees
will not be permitted to work at less than the predetermined rate
for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification, by the U. S.
Department of Labor, Manpower Administration, Bureau of Appren-
ticeship and Training. The ratio of trainees to journeymen shall
not be greater than permitted under the plan approved by the
Bureau of Apprenticeship and Training.' Every trainee must be
paid at not less than the rate specified in the approved program
for his level of progress. Any employee listed on the payroll at
a trainee rate who is not registered and participating in a
training plan approved by the Bureau of Apprenticeship and
Training shall be paid not less than the wage rate determined by
the Secretary of Labor for the classification of work he actually
performs. The Contractor or subcontractor will be required to
furnish the contracting officer or a representative of the
Wage -Hour Division of the U. S. Department of Labor written
evidence of the certification of his program, the registration of
II- 26 -
the trainees.and the ratios and wage rates prescribed in that
program. In the event the Bureau of Apprenticeship and Training
withdraws approval of a training program, the Contractor will no
longer be permitted to utilize trainees at less than the,appli-
cable predetermined rate for the work performed until an accept-
able program is approved.
(c) Equal Employment Opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
52. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen years and no person who,
at the time, is serving sentence in a penal or correctional
institution shall be employed on the work covered by this
Contract.
53. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT"
The Contractor shall comply with the applicable regulations
(See Exhibit A, attached and herein incorporated by reference)
of the Secretary of Labor, United States Department of Labor,
made pursuant to the so-called "Anti -Kickback Act" of June. 13,
1934 (48 Stat. 948, 62 Stat. 8621 63 Stat. 108, 72 Stat. 967; 62
Stat. 740: Title 18 U.S.C., Section 874 and Title 40 U.S.C.,
Section 2.76c) and any amendments or modifications thereof, and
shall cause appropriate provisions to be inserted in subcontracts
to insure compliance therewith by all subcontractors subject
thereto, and shall be responsible for the submission of affi-
davits required by subcontractors thereunder, except as said
Secretary of Labor may specifically provide for reasonable
limitations, variations, tolerances and exemptions from the
requirements thereof.
54. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES
No laborer or mechanic to whom the wage, salary or other
labor standards provisions of this Contract are applicable shall
be discharged or in any other manner discriminated. -against by the
Contractor or any subcontractor because such employee has filed
any complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards applicable to
his employer under this Contract.
55. CLAIMS AND DISPUTES PERTAINING TOWAGE RATES
Claims and disputes pertaining to wage rates or to clas
sifications of laborers, and mechanics_Enployed upon the a;ork
covered ,by this Contract shall be promptly reported by the
II - 27 -
Contractor, in writing, to the Local Public Agency or Public Body
for referral by the latter through the Secretary of Housing and
Urban Development to the Secretary of Labor, United States
Department of Labor, whose decision shall be final with respect
thereto.
6. QUESTIONS CONCERNING CERTAIN FEDERAL STATLTES.`w...Ni"
REGULATIONS
All questions arising under this Contract which relate to
the application or interpretation of (a) the aforesaid Anti -
Kickback Act, (b) the Contract Work Hours and Safety Standards
Act, (c) the aforesaid Davis -Bacon Act, (d) the regulations
issued by the Secretary of Labor, United States Department of
Labor, pursuant to said Acts or (e) the labor standards pro-
visions of any other pertinent Federal statute. shall be re-
ferred, through the Local Public Agency or Public Body and the
Secretary of Housing and Urban Development, to the Secretary of
Labor, United States Department of Labor, for said Secretary's
appropriate ruling or interpretation, which shall be authorita-
tive and may be relied upsn for the purposes of this Contract.
57. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given
the Owner's Representative written notice that the work has been
completed or substantially completed, the Owner's Representative
and the Owner shall inspect the work and within said time, if the
work be found to be completed or substantially completed in
accordance with the Contract Documents, the Owner's Representa-
tive shall issue to the Owner and Contractor his certificates of .
completion, and thereupcn it shall be the duty of the Owner
within ten (10) days to `ssue a certificate of acceptance of the
work to the Contractor.
58. FINAL PAYMENT
Upon the issuance of the certificates of completion, the
Owner's Representative shall proceed to make final measurement
and prepare a final statement of the value of all work performed
and materials furnished under the terms of the Agreement, and
shall certify same to the Owner, who shall pay to the Contractor
on or before the 31st day after the date of certificate of
completion, the balance due Contractor under the terms of this
Agreement, provided he has fully performed his contractual
obligations under the terms of said Agreement; and said payment
shall become due in any event upon said performance by the
Contractor. Neither the certificate of acceptance, nor the final
payment, nor any provisions in the Contract Documents shall
relieve the Contractor of the obligation for fulfillment of anv
warranty which may be required in the special conditions (if any)
of this Contract or in.the specifications made a part of this
Contract.
59. CORRECTION OF -WORK BEFORE FINAL PAYMENT FOR WORK
The Contractor shall promptly remove from the Owner's
premises all materials condemned by the Owner's Representative on
account of failure to conform to the Contract, whether actuall,v
incorporated in the work or not, and the Contractor shall at his
own expense promptly replace such condemned materials with other
materials conforming to the requirements of the Contract. The
Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such .removal or replacement. If
the Contractor does not remove and -,replace any such condemned
work within a reasonable time after a written,notce_by the Owner
or the Owner's Representative, Owner may remove and replace it at
Contractor's expense.
60. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision
in this Contract shall relieve the Contractor of responsibility
for faulty materials or workmanship, and he shall remedy any
defects due thereto and pay for any damage to other work result-
ing therefrom which shall appear within a period of one (1) year
from the date of substantial completion. The Owner or the
Owner's Representative shall give notice of observed defects with
reasonable promptness.
61. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered
evidence, withhold or nullify the whole or part of any certi-
ficate to such extent as may be necessary to protect himself from
loss on account of:
a. defective work not remedied,
b. claims filed_or reasonable evidence_ indicating possible
filing of such claims,
C. failure of the Contractor to make payments promptly to
subcontractors, or for materials or labor, or
d. damage to the Owner or another_ contractor,
When the above grounds are removed, or the Contractor
provides a surety bond satisfactory to the Owner which will
protect the Owner in the amount withheld, payment shall be made
for amounts withheld because of the above grounds.
II - 29 -
x
62. DELAYED PAYMENT
Should the Owner fail to make payment to the Contractor when
payment is due any sum or should the Owner's Representative fail
to issue any certificate or statement as required in this
Contract, then the Owner shall.pay to the Contractor, in addition
to the sums shown as due by such statement or certificate,
interest thereon at the rate of zero. A per annum, unless other-
wise specified, from the date due, as provided under partial
payments and final payments heretofore set forth in this Con-
tract, until such sums are fully paid, which shall fully liqui-
date any injury to the Contractor growing out of such delay in
payment.
63. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all
questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative
within fifteen (15) days after the Owner's Representative has
given any directions, orders or instructions to which the
Contractor desires to take exception. The Owner's Representative
shall reply to such written exceptions by the Contractor and
render his final decision in writing. In case the Contractor
should appeal from the decision of the Owner's Representative,
any demand for arbitration shall be filed with the Owner's
Representative and the Owner in writing within ten (10) days
after the date of delivery to the Contractor of the final
decision of the Owner's Representative. It is further agreed that
final acceptance of the work by the Owner and the acceptance by
the Contractor of the final payment shall be a bar to any claim .
by either party, except where noted otherwise in the Contract
Documents.
64. ARBITRATION
All questions of dispute under this Agreement shall be
submitted to arbitration at the request of either party to the
dispute. The parties may agree upon one arbitrator, otherwise,
there shall be three; one named in writing by each party and the
third chosen by the two arbiters selected; or if the arbiters
fail to select a third arbiter within ten (10) days, he shall be
chosen by the District Judge, 72nd District of Texas. Each
arbiter shall be a resident of the City of Lubbock. Should the
party demanding arbitration fail to name an arbiter within ten
(10) days of the demand, his right to arbitrate shall lapse, and
the decision of the Owner's Representative shall be final and
binding on him. Should the other party fail to choose an arbiter
within ten (10) days, the Owner's Representative shall appoint
such arbiter. Should either party refuse or neglect to supply
the arbiters with any papers or information demanded in writing,
II - 30 -
the arbiters are empowered by both parties to take Ex Parte
Proceedings.
The arbiters shall act with promptness. The decision of any
two shall be binding on both parties to the Contract, unless
either or both parties shall appeal within ten (10) days from
date of the award by the arbiters, and it is hereby agreed that
each party shall have the right of appeal, and all proceedings
shall be according to and governed by the Arbitration Statutes of
Texas, being Article 224, et seq., Vernon's Annotated Civil
Statutes. THE DECISION OF THE ARBITERS _UPON ANY QUESTION
SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL _BE ,A yCQN
DITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are autho-
rized to award the party whose contention is sustained such sums
as -they deem proper for the time, expense and trouble incident to
the appeal, and if the appeal was taken without reasonable cause,
they may award damages for any delay occasioned thereby. The
arbiters shall fix their own compensation, unless otherwise
provided by agreement, and shall assess the costs and charges of
the arbitration upon either or both parties. The award of the
arbiters must be made in writing and shall not be open to
objection on account of the form of proceedings or award.
65. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and _fail or refuse to
resume work within ten (10) days after written notification from
the Owner or the Owner's Representative, or if the Contractor
fails to comply with the orders of the Owner's Representative,
when such orders are consistent., with this Contract, or the
Specifications hereto attached, then the Surety on the bond shall
be notified in writing and directed to complete the work, and a
copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor
shall not remove from the__work any machinery, equipment, tools,
materials or supplies then on the job, but the same, together
with any materials and equipment under the Contract for work, may
be held for use on the work by the Owner or the Surety of the
Contractor or another contractor in completion of the work; and
the Contractor shall not receive any rental or credit therefore
(except when use in connection with Extra Work, where credit
shall be allowed as provided for under Section 25 of this
Contract): it being understood that the use of such equipment and
materials will ultimately reduce the cost to complete the work
and be reflected in the final settlement.
In case the Surety should fail to commence compliance with
the notice for completion hereinbefore provided for, within ten
II - 31 -
S
(10) days after service of such notice, then the Owner may
provide for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of
machinery, equipment, tools, materials and supplies as said
Owner may deem necessary to complete the work and charge the
expense of such labor, machinery, equipment, tools, mate—
rials and supplies to said Contractor, and the expense so
charged shall be deducted and paid by the Owner out of such
moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this
Agreement. In case such expense is less than the sum which
would have been payable under this Contract, if the same had
been completed by the Contractor, then said Contractor shall
receive the difference. In case such expense is greater
than the sum which would have been payable under this
Contract, if the same had been completed by said Contractor,
then the Contractor and/or his Surety shall pay the amount
of such excess to the Owner; or
(b) The Owner, under sealed bids, after notice
published as required by law, at least twice in a newspaper
having a general circulation in the County where the work
is located, may let the Contract for the completion of the
work under substantially the same terms and conditioos--w-hich
are provided in this Contract. In case of any increase in
cost to the Owner under the new Contract, as compared to
what would have been the cost under this Contract, such
increase shall be charged to the Contractor, and the Surety
shall be and remain bound therefore. However, should the
cost to complete any such new contract prove to be less than
that which would have been the cost to complete the work
under this Contract, the Contractor or his Surety shell be
credited therewith.
When the work shall have been substantially completed,
the Contractor and his Surety shall be so notified and
certificates of completion and acceptance, as provided in
Section 57 hereinabove set forth, shall be issued. A
complete itemized statement of the Contract accounts,
certified to by the Owner's Representative as being correct,
shall then be prepared and delivered to the Contractor and
his Surety, whereon the Contractor or his Surety or the
Owner, as the case may be, shall pay the balance due, as
reflected by said statement, within sixty days after the
date of certificate of completion.
In the event the statement of accounts shows that the
cost to complete the work is less than that which would have
been the cost to the Owner had the work been completed by
the Contractor under the terms of this Contract, or when the
ii - 32
Contractor and/or his Surety shall pay the balance shown to
be due by them to the Owner, then all machinery, equipment,
tools, materials or supplies left on the site of the work
shall be turned over to the Contractor and/or his Surety.
Should the cost to complete the work exceed the Contract
price, and the Contractor.and/or his Surety fail to pay the
amount due the Owner within the time designated hereinabove,
and there remains any machinery, equipment, tools, materials
or supplies on the site of the work, notice thereof,
together with an itemized list of such equipment and
materials shall be mailed to the Contractor and his Surety
at the respective addresses designated in this Contract;
provided, however, that actual written notice given in any
manner will satisfy this condition. After mailing, or other
giving of such notice, such property shall be held at the
risk of the Contractor and his Surety, subject only to the
duty of the Owner to exercise ordinary care to protect such
property. After fifteen (15) days from the date of said
notice, the Owner may sell such machinery, equipment, tools,
materials, or supplies and apply the net sum derived from
such sale to the credit of the Contractor and his Surety.
Such sale may be made at either public or private sale, with
or without notice, as the Owner may elect. The Owner shall
release to the proper owners any machinery, equipment,
tools, materials or supplies which remain on the jobsite and
belong to persons other than the Contractor or his Surety.
66. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of
this Contract, and should fail or refuse to comply with said
terms within ten (10) days after written notification by the
Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools and equip-
ment, and all materials on the ground that have not been included
in payments to the Contractor and have not been incorporated into
the work. Thereupon, the Owner's Representative shall make an
estimate of the total amount earned by the Contractor, which
estimate shall include the value of all work actually completed
by said Contractor at the prices stated in the attached pro-
posal, the value of all partially completed work at a fair and
equitable price, and the amount of all Extra Work performed at
the prices agreed upon, or provided for by the terms of this
Contract, and a reasonable sum to cover the cost of any provi-
sicns, made by the Contractor to carry the whole work to comple-
tion, and which cannot be utilized. The Owner's Representative
shall then make a final statement of the balance due the Contrac-
tor by deducting from the above estimate all previous payments by
the Owner and all other sums that may be retained by the Owner
under the terms of this Agreement, and shall certify same to the
Owner, who shall pay to the Contractor on or before thirty (30)
days after the date of the notification by the Contractor the
ii - 33 -
I
balance shown by said final statement as due the Contractor under
the terms of this Agreement.
67. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the
Contractor arising out of the nature of the work to be done, or
from the action of the elements, or from any unforeseen circum-
stances and the prosecution of the same, or from unusual obstruc-
tions or difficulties which may be encountered in the prosecution
of the work, shall be sustained and borne by the Contractor at
his own cost and expense.
68. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor,
with full, complete and exclusive power and authority to dJrect,
supervise and control his own employees and to determine the
method for performance of the work covered by this Contract. The
fact that the Owner or Owner's Representative shall have the
right to observe Contractor's work during its performance and to
carry out the other prerogatives which are expressly reserved to
and vested in .the Owner or Owner's Representative hereunder, is
not intended to and shall not at any change or affect the
status of the Contractor as an independent contractor with
respect to the Owner or the Owner's Representative, the Contrac-
tor's own employees, or any other person, firm or corporation.
69. CLEANING UP
The Contractor shall at all times keep the premises free
from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also
his tools, scaffolding and surplus materials, and shall leave the
work broom clean or its equivalent. The work shell be left in
good order and condition. In case of dispute, the Owner may
remove the debris ant charge the cost to the Contractor.
70. CONTRACTOR'S -RIGHT TO TERMINATE
The Contractor shall have the right to terminate the
Contract at any time when circumstances beyond the Contractor's
control occur, thru no fault -f the Contractor wh:ch prohibit the
completion of the Agreement Ls contemplated b,v the parties at the
time of execution. Should the Contractor choose to terminate
this Agreement, he shall accrue no rights to full payment
hereunder and shall receive only a pro rata payment for work
actually performed, the amount of such payment to be assessed by
the Owner. Should the Contractor choose not to terminate, even
though cause exists under this provision, liquidated damages as
set forth herein shall in no way be affected.
II - 34 -
71. RIGHT OF'THE OWNER TO TERMINATE CONTRACT
In the event that any of the provisions of this Contract are
violated by the Contractor, or by any of his subcontractors, the
Owner may serve written notice upon the Contractor and the Surety
of the Owner's intention, and unless within ten (10) days after
the serving of such notice upon the Contractor, such violation or
delay shall cease and satisfactory arrangement of correction be
made, the Contract shall, upon the expiration of said ten (10)
days, cease and terminate. In the event of any such termination,
the Owner shall immediately serve notice thereof upon the Surety
and the Contractor, and the Surety shall have the right to take
over and perform the Contract:. Provided, however, that if the
Surety does not commence performance thereof within ten (10) days
from the date of the mailing to such Surety of notice of termina-
tion, the Owner may take over the work and prosecute the same at
the expense of the Contractor, and the Contractor and his Surety
shall.be liable to the Owner for any excess cost occasioned the
Owner thereby, and in such event the Owner may take possession of
and utilize in completing the work such materials, appliance and
plant as may be on the site of the work and necessary therefor.
72. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract
as herein elsewhere set forth, the Local Public Agency or Public
Body reserves the right to terminate this Contract if the
Contractor or any subcontractor whose subcontract covers any of
the work covered by this Contract shall breach any of these
Federal Labor Standards Provisions. A breach of these Federal -
Labor Standards Provisions.may also be ground for debarment, as
provided by the applicable regulations issued by the Secretary of
Labor, United States Department of Labor. A breach of Section 45
and the Federal Labor Standards Provisions may be grounds for
termination of the Contract, and for debarment as provided in 29
CFR 5.6.
73. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS
No member of or Delegate to Congress or Resident Commis-
sioner shall be admitted to any share or part of this Contract or
to any benefit that may arise therefrom, but this provision shall
not be construed to extend to this Contract if made with a
corporation for its general benefit.
74. OTHER PROHIBITED INTERESTS
No official of the Owner_ who is authorized in such capacity
and on behalf of the Owner to negotiate, make, accept or approve,
or to take part in negotiating, making,- accepting or approving
any architectural, engineering, inspection, construction or
material supply contract or any subcontract in connection with
II- 35 -
15
the construction of the project shall become directly or indi-
rectly interested personally in this Contract or in any part
hereof. No officer, employee, architect, attorney, engineer or
inspector of or for the Owner who is authorized in such capacity
and on behalf of the Owner to exercise any legislative, execu-
tive, supervisory or other similar functions in connection with
the construction of the project shall become directly or indi-
rectly interested personally in this Contract or in any part
thereof, any material supply contract, subcontract, insurance
contract or any other contract pertaining to the project.
75. SPECIAL EQUAL OPPORTUNITY PR`OVISIO.NS
A. Activities and Contracts Not Subject to Executive Order
11246, as Amended.
(Applicable ::o Federally assisted construction con-
tracts and related subcontracts under $10,000)
During the performance of this Contract, the Contractor
agrees as follows:
(1) T`e Contractor shall not discriminate against any
employee or applicant for employment because of race, color,
religion, se- or national oricin. The Contractor shall take
affirmative action to ensure that applicants for employment
are employed, and that employees are treated during employ-
ment, without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship.
(2) The Contractor shall post in conspicuous places,
available to employees and applicants for employment,
notices to be provided by the Contracting Officer setting
forth the provisions of this nondiscrimination clause. The
Contractor shall state that all qualified applicants will
receive consideration for employment without regard to race,
color, religion, sex or national origin.
(3) The Contractor shall incorporate the foregoing
requirements in all subcontracts.
B. Contracts Subject to Executive Order 11246, as
Amended.
(Applicable to Federally assisted construction con-
tracts and related subcontracts exceeding $10,000)
II - 36 -
During the performance of this Contract, the Contractor
agrees as follows:
(1) The Contractor will not discriminate against any
employee or applicant for employment because of race, color,
religion, sex or national.origin. The Contractor will take
affirmative action to ensure that applicants for employment
are employed, and that employees are treated during employ-
ment, without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be
provided by the Contracting Officer setting forth the
provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or
advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color,
religion, sex or national origin.
(3) The Contractor will send to each labor union or
representative or workers with which he has.a collective
bargaining agreement or other contract or understanding, a
notice to be provided by the Contract Compliance Officer
advising the said labor union or workers' representative of
the Contractor's commitment under this Section, and shall
post copies of the notice in conspicuous places available to
employees and applicants for employment.
(4) The Contractor will comply with all provisions of
Executive Order 11246 of September 24, 1965, and the rules,
regulations and relevant orders of_ the_, Secretary of Labor.
(5) The Contractor will furnish all information and
reports required by Executive Order 11246 of September 24,
1965, and the rules, regulations and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his
books, records and accounts by the Department and the
Secretary of Labor for purposes of investigation to ascer-
tain compliance with such rules, regulations and orders.
(6) In the event of the Contractor's noncompliance
with the nondiscrimination clauses of this Contract, or with
any of such rules, regulations or orders, this Contract may
be cancelled, terminated or suspended in whole or in part,
and the Contractor may be declared ineligible for further
11- 37 -
Q
1.
Government contracts or federally assisted construction
contract procedures authorized in Executive Order 11246 of
September 24, 1965, or by rule, regulation or order of the
Secretary of Labor, or as otherwise provided by laws.
(7) The Contractor will include the portion of the
sentence immediately preceding paragraph B(1) of this
Section, and the provisions of paragraphs (1) through (7)
which follow, in every subcontract or purchase order unless
exempted by rules, regulations or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be
binding upon each subcontractor or vendor. The Contractor
will take such action with respect to any subcontractor or
purchase order as the Department may direct as a means of
enforcing such provisions, including sanctions for noncom-
pliance: Provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by
the Department, the Contractor may request the United States
to enter into such litigation to protect the interest of the
United States.
C. "Section 3" Compliance in the Provision of Training,
Employment and Business Opportunities:
(Applicable to Federally assisted construction con-
tracts and related subcontracts exceeding $10,000)
During the performance of this Contract, the Contractor,
agrees as follows:
(1) The Contractor agrees to comp,y, with the
requirements of Section 3 of the Housinc and Urban
Development Act of 1968 (12 USC 170(u)), as amended,
the HUD regulations issued pursuant thereto at 24 CFR
Part 135, and any applicable rules and orders of HUD
issued thereunder.
(2) The "Section 3 clause " set forth in 24 CFR
135.20(b) shall form part of this Contract, as set
forth in Paragraph 1 of the General Conditions,
"Contract and Contract Documents."
(3) Contractors shall incorporate the "Section 3
clause" shown below and the foregoing requirements in
all subcontracts.
Section 3 Clause as set .forth _in„24 CFR 135.20(b)
A. The work to be performed under this Contract is on
a project assisted under a program providing direct Federal
11- 38 -
financial assistance from the Department of Housing and
Urban Development and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1468,
as amended, 12 U.S.C. 1701u. Section 3 requires that to the
greatest extent feasible opportunities for training and
employment be given lower,income residents of the project
area, and contracts for work in connection with the project
be awarded to business concerns which are located in, or
owned in substantial party by persons residing in the area
of the project.
B. The parties to this Contract will comply with the
provisions of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban
Development and set forth in 24 CFR 135.20(b), and all
applicable rules and orders of the Department issued
thereunder, prior to the execution of this Contract. The
parties to this Contract certify and agree that they are
under no contractual or other disability which would prevent
them from complying with these requirements.
C. The Contractor will send to each labor organization
or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, if
any, a notice advising the said labor organization or
workers' representative of his commitments under this
Section 3 clause, and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment or training.
D. The Contractor will include this Section 3 clause
in every subcontract for work in connection with the project
and will, at the direction of the applicant for or recipient
of Federal financial assistance, take appropriate action
oursuant to a subcontract upon a finding that a Subcontrac-
tor is in violation of regulations issued by the Secretary
of Housing and Urban Development, 24 CFR 135.20 (b). The
Contractor will not subcontract with any subcontractor where
the Contractor has notice or knowledge that the subcontrac-
tor has been found in violation of regulations under 24 CFR
135.20(b), and will not let any subcontract unless the
subcontractor has first provided said Contractor with a
preliminary statement of ability to comply with the require-
ments of these regulations.
E. Compliance with the provisions of Section 3, the
regulations set forth in 24 CFP, 135.20(b), and all appli-
cable rules and orders of the Department -issued thereunder
prior to the execution of the Contract, shall be a condition
of the Federal financial assistance provided to the project,
binding upon the applicant or recipient for such assistance,
its successors and assigns. Failure to fulfill these
II - 39 -
requirements shall subject the applicant or recipient, its
contractors and subcontractors, its successors and assigns
to those sanctions specified by the grant or loan agreement
or contract through which Federal assistance is provided,
and to such sanctions as are specified by 24 CFR 135.20(b).
76. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts and
related subcontracts exceedinq $100,000)
Compliance with Air and Water Acts
During the performance of this Contract, the Contractor and
all subcontractors shall comply with the requirements of the
Clean Air Act, as amended, 42 USC 1857 et seq., and the Federal
Water Pollution Control Act, as amended, 33 USC 1251 et seq., and
the regulations of the Environmental Pro4ection Agency with
respect thereto, at 40 CFR Part 15, as am..ended.
In addition to the foregoing requirements, all nonexempt
contractors and subcontractors shall furnish to the Owner the
following:
(1) A stipulation by the Contractor of subcontractors
that any facility to be utilized in the performance of any
nonexempt contract or subcontract is not listed on the List
of Violating Facilities issued by the Environmental Protec—
tion Agencv (EPA) pursuant to 40 CFR 15.20.
(2) An agreement by the Contractor to comply -with all
the requirements of Section 114 of the Clean Air Act, as
amended, (42 USC 1857c-8) and Section 306 of the Federal
Water Pollution Control Act, as amended, (33 USC 1318)
relating to inspection, monitoring, entry, reports and
information, as well as all other requirements specified in
said Section 114 and Section 308, and all regulations and
guidelines issued thereunder.
(3) A stipulation that as a condition for the award of
the Contract, prompt notice will be given of any notifica—
tion received from the Director, Office of Federal Activi—
ties, EPA, indicating that a facility utilized, or to be
utilized for the contracts, is under consideration to be
listed on the EPA List of Violating Facilities.
(4) An agreement by the Contractor that he will
include, or cause to be included, the criteria and require—
ments in paragraphs (1,) through (4) of this Section in every
nonexempt subcontract and requirino that the Contractor will
take such action as the Covernment may direct as a means of
enforcing such provisions.
II - 40 -
77. SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS
AND ACCIDENT PREVENTION-
A.
REVENTION
A. Lead -Based Paint Hazards
(Applicable to contracts and related subcontracts for
construction or rehabilitation of residential structures
exceeding $100,000)
The construction or rehabilitation of residential
structures is subject to the HUD Lead -Based Paint regule-
tions, 24 CFR Part 35. The Contractor and subcontractors
shall comply with the provisions for the elimination of
lead-based paint hazards under sub -part B of said regula-
tions. The Owner will be responsible for the inspections
and certifications required under Section 35.14(f) thereof.
B. Use of Explosives
The use of explosives will not be permitted unless
written permission to do so is obtained by the Contractor
from the City. When the use of explosives is necessary .for
the prosecution of the work, the Contractor shall observe
all local, state and Federal laws in purchasing and handling
explosives. The Contractor shall take all necessary
precautions to protect completed work, neighboring property,
water lines or other underground structures. Where there is
danger to structures or property from blasting, the charges
shall be reduced and the material shall be covered with
suitable, timber, steel or rope mats.
The Contractor shall notify all owners of public
Utility property of his intention to use explosives at least
eight hours before blasting is done close to such property.
Any supervision or direction of use„of,explosives by the
Owner's Representative does not in any way reduce the
responsibility of the Contractor or his Surety for damages
that maybe caused by such use.
C. Danger Signals and Safety Devices
The Contractor shall make all necessary precautions to
guard against damages to property and injury to persons. He
,shall put up and maintain in good condition sufficient red
or warning lights at night, suitable barricades and other
devices necessary to protect the public. In case the
Contractor fails or neglects to take such precautions, the
Owner may have such lights and barricades installed and
charge the cost of this work te(the theContractor. Such action
1 r .. _
by the Ohner does noLg relit-heve � e Con�..actor of eny liabi-
lity incurred under these specifications or Contract.
78. NONDISCRIMINATION AGAINST THE HANDICAPPED - SECTION 504
The Contractor shall not discriminate against any otherwise
qualified handicapped employee or applicant for employment solely
by reason of his handicap. The Contractor shall comply with
Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112) as
amended (129 U.S.C.A. §794).
II - 42 -
EXHIBITS
A. COPELAND ANTI -KICKBACK REGULATIONS
B. CURRENT WAGE DETERMINATIONS
EXHIBIT A
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI -KICKBACK ACT" AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
TITLE 18, U.S.C., Section 874
(Replaces Section 1 of the Act of June 13, 1934 (48 Stat. 948, 40
U.S.C., Sec. 276b) pursuant to the Act of June 25, 1948, 62 Stat.
862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES.
Whoever, by force, intimidation, or threat of procuring
dismissal from employment, or by any other manner whatsoever
induces any person employed in. the construction, prosecution,
completion or repair of any public building, public work, or
building or work financed in whole or in part by loans or grants
from the United States, to give up any part of the compensation
to which he is entitled under his contract of employment, shall
be fined not more than $5,000 or imprisoned not more than five
years, or both.
SEC"?ON 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 9489
62 Stat. 862, 63 Stat. 108, 72 Stat. 967, 40 U.S.C., -'ec. 276c)
The Secretary of Labor shall make reasonable regulations for
contractors and subcontractors engaged in the construction,
prosecution, completion or repair of public buildings, public
works or buildings or works financed in whole or in part by loans
or grants from the United States, including a provision that each
contractor and subcontractor shall furnish weekly a statement
with respect to the wages paid each employee during the preceding
week. Section 1001 of Title 18 (United States Code) shall apply
to such statements.
---XXX---
Pursuant to the aforesaid Anti -Kickback Act, the Secretary
of Labor, United States Department of Labor, has promulgated the
reou ations hereinafter set forth, which regulations are found in.
Title 29, Subtitle A, Code of Federal Regulations, Part 3. The
term "this part," as used in the regulations hereinafter set
forth, refers to Part 3 last above mentioned. Said regulations
are a follows:
TITLE 29 - LABOR
Subtitle.A - Office of the Secretary of Labor
PART 3 - CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR
PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR
GRANTS FROM THE UNITED STATES
Section 3.1 Purpose and scope.
This part prescribes "anti -kickback" regulations under
Section 2 of the Act of June 13, 1934, as amended (40 U.S.C.
276c), popularly known as the Copeland Act. This part applies to
any contract which is subject .to Federal wage standards and which
is for the construction, prosecution, completion, or repair of
public buildings, public works or buildings or works financed in
whole or in part by loans or grants from the United States. The
part is intended to aid in the enforcement of the minimum wage
provisions of the Davis -Bacon Act and the various statutes
dealing with Federally -assisted construction that contain similar
minimum wage provisions, including those provisions which are not
subject to Reorganization Plan No. 14 (e.g., the College Housing
Act of 1950, the Federal Water Pollution Control Act, and the
Housing Act of 1959), and in the enforcement of the overtime
provisions of the Contract Work Hours Standards Act whenever they
are applicable to construction work. The part details the
obligation of contractors and subcontractors relative to the
weekly submission of statements regarding the wages paid on work
covered thereby; sets forth the circumstances and procedures
governing the making of payroll deductions from the wages of
those employed on such work; and delineates the methods of
payment permissible on such work.
Section 3.2 Definitions.
As used in the regulations in this part:
(a) The terms "building" or "work" generally includes
construction activity as distinguished from manufacturing,
furnishing of materials, or servicing and maintenance work. The
terms include, without limitation, buildings, structures, and
improvements of all types, such as bridges, dams, plants,
highways, parkways, streets, subways, tunnels, sewers, mains,
power lines, pumping stations, railways, airports, terminals,
docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals; dredging, shoring, scaffolding,
drilling, blasting, excavating, clearing, and landscaping.
Unless conducted in connection with and at the site of such a
building or work as is described in the foregoing sentence, the
manufacture or furnishing of materials, articles, supplies, or
ea uipment (whether or not a Federal or State agency acquires
title to such materials, articles, supplies, or equipment during
the course of the manufacture or furnishing, or owns the mate-
rials from which they are manufactured or furnished) is not a
"building" or "work" within the meaning of the regulations in
this part.
(b) The terms "conditions" "prosecution", "completion", or
"repair" mean all types of work done on a particular building or
work at the site thereof, including, without limitation, alter-
ing, remodeling, painting and decorating, the transporting of
materials and supplies to or from the building or work by the
employees of .the construction contractor or construction sub-
contractor, and -the manufacturing or furnishing of materials,
articles,.supplies, or equipment on the site of the building or
work, by persons employed at the site by the contractor or
subcontractor.
(c) The terms "public building" or "public work" include
building or work for whose construction, prosecution, completion,
or repair, as defined above, a Federal agency is a contracting
party, regardless of whether title thereof is in a federal
agency.
(d) The term "building or work financed in whole or in part
by loans or grants from the United States" includes building or
work for whose construction, prosecution, completion, or repair,
as defined above, payment or part payment is made directly or
indirectly from funds provided by loans or grants by a Federal
agency. The term does not include building or work for which
Federal assistance is limited solely to loan guarantees or
insurance.
(e) Every person paid by a contractor or subcontractor in
any manner for his labor in the construction, prosecution,
completion, or repair of a public building or public work or
building or work financed in whole or in part by loans or grants
from the United States is "employed" or receiving "wages",
regardless of any contractual relationship alleged to exist
between him and the real employer.
(f) The term "any affiliated person" includes a spouse,
child, parent, or other close relative of the contractor or
subcontractor, a partner or officer of the contractor or sub-
contractor, a corporation closely connected with the contractor
or subcontractor as parent, subsidiary or otherwise, and an
officer or agent of such corporation.
(g) The term "Federal agency" means the United States, the
District of Columbia, and all executive departments, independent
establishments, administrative agencies, and instrumentalities of
the United States and of the District of Columbia, including
corporations, all or substantially all of the stock of which is
beneficially owned by the United States, by the District of
Columbia, or any of the foregoing departments, establishments,
agencies, and instrumentalities.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" shall not
apply to persons in classifications higher than that of laborer
or mechanic and those who are the immediate supervisors of such
employees.
(b) Each contractor or subcontractor engaged in the
construction, prosecution, completion, or repair of any public
building or public work, or building or work financed in whole or
in part by loans or grants from the United States, shall furnish
each week a statement with respect to the wages paid each of its
employees engaged on work covered by 29 CFR Parts 3 and 5 during
the preceding weekly payroll period. This statement shall be
executed by the contractor or subcontractor or by an authorized
officer or employee of the contractor or subcontractor who
supervises the payment of wages, and shall be on form WH 348
"Statement of Compliance", or on an identical form on the back of
WH 347, "Payroll (For Contractors Optional Use)" or on any form
with identical wording. Sample copies of WH 347 and WH 348 may
be obtained from the Government contracting or sponsoring agency,
and copies of these forms may be purchased at the Government
Printing Office.
(c) The requirements of this section shall not apply to any
contract of $2,000 or less.
(d) Upon a written finding by the head of a Federal agency,
the Secretary of Labor may provide reasonable limitations,
variations., tolerances, and exemptions from the requirements of
this section subject to such conditionsasthe Secretary of Labor
may specify.
(29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 1968)
Section 3.4 Submission of weekly statements and the preservation
and inspection of weekly payroll records.
(a) Each weekly statement required under Section 3.3 shall
be delivered by the contractor or subcontractor, within seven
days after the regular payment date of the payroll period, to a
representative of a Federal or State agency in charge at site of
the building or work, or, if there is no representative of a
Federal or State agency at the site of the building or work, the
statement shall be mailed by the contractor or subcontractor,
within such time, to a Federal or state agency contracting for or
financing the building or work. After such examination and check
as may be made, such statement, or a copy thereof, shall be kept
available, or shall be transmitted together with a report of any
violation, in accordance with applicable procedures prescribed by
the United States Department of Labor.
(b) Each contractor or subcontractor shall preserve his
weekly payroll records for a period of three years from date of
completion of the contract. The payroll records shall set out
accurately and completely the name and address of each laborer
and mechanic, his correct classification, rate of pay, daily and
weekly number of hours worked, deductions made, and actual wages
paid. Such payroll records shall be made available at all times
for inspection by the contracting officer or his authorized
representatives of the Department of Labor.
Section 3.5 Payroll deductions permissible without application
to or approval of the Secretary of Labor.
Deductions made under the circumstances or in the situations
described in the paragraphs.of this section may be made without
application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements
of Federal, State, or local law, such as Federal or State
withholding income taxes and Federal social security taxes.
(b) Any deduction of sums previously paid to the employee
as a bona fide prepayment of wages when such prepayment is made
without discount or interest. A "bona fide prepayment of wages"
is considered to have been made only when cash or its equivalent
has been advanced to the person employed in such manner as to
give him complete freedom of disposition of the advanced funds.
(c) Any deduction of amounts required by court process to
be paid to another, unless the deduction is in favor of the
contractor, subcontractor or any affiliated person, or when
collusion or collaboration exists.
(d) Any deductions constituting a contribution on behalf of
the person employed to funds established by the employer or
representatives of employees, or both, for the purpose of
providing either from principal or income, or both, medical or
hospital care, pensions or annuities on retirement, death
.benefits, compensation for injuries, illness, accidents, sick
ness, or disability, or for insurance to provide any of the .
foregoing, or unemployment benefits, vacation pay, savings
accounts, or similar payments for the benefit of employees, their }
families and dependents: Provided, however, that the following
standards are met: (1) The deduction is not otherwise prohibited
by law; (2) it is either: (i) Voluntarily consented to by the
employee in writing and in advance of the period in which the
work is to be done and such consent is not a condition either for
the obtaining of or for the continuation of employment, or (ii)
provided for in a bona fide collective bargaining agreement
between the contractor or subcontractor and representatives of
its employees; (3) no profit or other benefit is otherwise
obtained, directly or indirectly, by the contractor or subcon-
tractor or any affiliated person in the form of commission,
dividend, or otherwise; and (4) the deductions shall serve the
convenience and interest of the employee.
(e) Any deduction contributing toward the purchase of
United States Defense Stamps and Bonds when voluntarily autho-
rized by the employee..
(f) Any deduction requested by the employee to enable him
to repay loans to or to purchase shares in credit unions orga-
nized and operated in accordance with Federal and State credit
union statutes.
(g) Any deduction voluntarily authorized by the employee
for the making of contributions to governmental or quasi -
governmental agencies, such as the American Ped Cross.
(h) Any deduction voluntarily authorized by the employee
for the making of contributions to Community Chests, United
Givers Funds, and similar charitable organizations.
(i) Any deductions to pay regular union initiation fees and
membership dues, not including fines or special assessments:
Provided, however, that a collective bargaining agreement between
the contractor or subcontractor and representatives of its
employees provides for such deductions and the deductions are not
otherwise prohibited by law.
(j) Any deduction not more than for the "reasonable cost"
of board, lodging, or other facilities meeting the requirements
of section 3(m) of the Fair Labor Standards Act of 19389 as
amended, and Part 531 of this title. When such a deduction is
made the additional records required under Section 516.27(a) of
this title shall be kept.
Section 3.6 Payroll deductions permissible with the approval of
the Secretary of Labor.
Any contractor or subcontractor may apply to the Secretary
of Labor for permission to make any deduction not permitted under
Section 3.5. The Secretary may grant permission whenever he
finds that:
(a) The contractor, subcontractor, or any affiliated person
does not make a profit or benefit directly or indirectly from the
deduction either in the form of a commission, dividend, or
otherwise;
( b )' The
( c ) The
the employee
work is to be
the obtaining
for in a bona
contractor or
and
( d ) The
the employee.
deduction is not otherwise prohibited by law;
deduction is either (1) voluntarily consented to by
in writing and in advance of the period in which the
done and such consent is not a condition either for
of employment or its continuance, or (2) provided
fide collective bargaining agreement between the
subcontractor and representatives of its employees;
deduction serves the convenience and interest of
Section 3.7 Applications for the approval of the Secretary of
Labor.
Any application for the making of payroll deductions under
Section 3.6 shall comply with the requirements prescribed in the
following paragraphs of this section:
(a) The application shall be in writing and shall be
addressed to the Secretary of Labor.
(b) The application shall identify the contract or con-
tracts under which the work in question is to be performed.
Permission will be given for deductions only on specific,
identified contracts, except upon a showing of exceptional
circumstances.
( c ) The application shall state affirmatively that there is
,compliance with the standards set forth in the provisions of
Section 3.6. The affirmation shall be accompanied by a full
statement of the facts indicating such compliance.
(d) The application shall include a description of the
proposed deduction, the purpose to be served thereby, and the
classes of laborers or mechanics from whose wages the proposed
deduction would be made.
(e) The application shall state the name and business of
any third person to whom any funds obtained from the proposed
deductions are to be transmitted and the affiliation of such
person, if any, with the applicant.
Section 3.6 Action by the Secretary of Labor upon applications. '
The Secretary of Labor shall decide whether or not the
requested deduction is permissible under provisions of Section
3.6; and shall notify the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.
Deductions not elsewhere for by this part and which are not
found to be permissible under Section 3.6 are prohibited.
Section 3.10 Methods of payment of wages.
?The payment of wages shall be by cash, negotiable instru-
ments payable on demand, or the additional forms of compensation
for which deductions are permissible under this part. No other
methods of payment shall be recognized on work subject to the
Copeland Act.
Section 3.11 Regulations part of contract.
All contracts made with respect to the construction,
prosecution, completion, or repair of any public building or
C
public work or building or work financed in whole or in part by
loans or grants from the United States covered by the regulations
in this part shall expressly bind the contractor or subcontractor
to comply with such of the regulations in this part as may be
applicable. In this regard, see Section 5.5 (a) of this sub
title.
EXHIBIT B
WAGE DETERMINATIONS
Subject to Change 10 Days
Prior to Bid Opening
T
C
I Susie Harrison, Administrative Assistant, for the City of Lubbock, Texas
certify that wage determinations listed below to be a true and correct copy of
those wage determinations publ-fished in Federal Register, Vol. 49, No. 232,
page 47164, dated 11-30-84, plus modification rl.
Name
Dat e
CITY OF LUBBOCK
WAGE DETERMINATIONS FOR FEDERALLY FUNDED PROJECTS
HEAVY/HIGHWAY PROJECTS
49 FR 47164
Decision TX 84-4104 Date: November 30, 1984
(Supersedes Decision No. TX 84-4007, dated February 17, 1984, in 49 FR 6215)
Modification #1: Dated 12/21/84
DESCRIPTION OF WORK: Heavy (excluding tunnels & dams) and Highway Projects
(does not include building structures in rest area projects)
Classification Basic Hourly Rates
Air Tool Operator
6.40
Asphalt Heater Operator
Asphalt Raker
5.55
Asphalt Shoveler
-
Batching Plant Scale Operator
6.80
Carpenter
7.00
Carpenter Helper
6.30
Concrete Finisher (Paving)
7.90
Concrete Finisher Helper (Paving)
-
Concrete Finisher (Structures)
6.65
Concrete Finisher Helper (Structures)
6.00
Concrete Rubber
-
Electrician
-
Electrician Helper
-
Form Builder (Structures)
6.50
Form Builder Helper (Structures)
-
Form Liner (Paving & Curb)
-
Form Setter (Paving & Curb)
-
Form Setter Helper (Paving & Curb)
-
MAGE DETERMINATION FOR FEDERALLY FUNDED PROJECTS
PAGE -2-
Form Setter (Structures)
7.25
Form Setter Helper (Structures)
6.45
Laborer, Common
4.80
Laborer, Utility Man
5.80
Manhole Builder, Brick
_
Mechanic
8.85
Mechanic Helper
6.35
Oiler
6.15
Servicer
6.85
Painter (Structures)
_
Piledriver Person
_
Pi pel ayer
_
Pi pel ayer Helper
_
Pneumatic Mortar Operator
_
Blaster
7.00
Blaster Helper
6.45
Reinforcing Steel Setter (Paving)
_
Reinforcing Steel Setter (Structures)
6,40
Reinforcing Steel Setter Helper
_
Steel worker (Structural)
_
Steel Worker Helper (Structural)
_
Sign Erector
_
Spreader Box Man
_
Swamper
_
Power Equipment Operators:
.Asphalt Distributor
7.55
Asphalt Paving Machine
7.25
Broom or Sweeper Operator
5.25
Bulldozer 150 HP & Less
6.80
. Bulldozer over 150 HP -
7.05
Concrete Paving Curing Machine
_
Concrete Paving Finishing Machine
8.00
Concrete Paving Form Grader
Concrete Paving Grinder
_
Concrete Paving Joint Sealer
_
Concrete Paving Longitudinal Float
_
Concrete Paving Mixer
_
Concrete Paving Saw
_
Concrete Paving Spreader
_
Paving Sub Grader
_
Crane, Clamshell, Backhoe, Derrick,
Dragline, Shovel (less than 1*1/2 CY)
7.40
Crane, Clamshell, Backhoe, Derrick
Dragline, Shovel (1 1/2 CY & Over)
8.90
Crusher or Screening Plant Operator
6.95
El eva ' i ng Grader
_
Foundation Drill Operator (Crawler
Mounted)
_
WAGE DETERMINATION FOR FEDERALLY FUNDED PROJECTS
PAGE -3-
Foundation Drill Operator (Truck
Mounted)
-
Foundati on Drill Operator Helper
-
Front End Loader (2 1/2 CY & Less)
6.35
Front End Loader (Over 2 1/2 CY)
7.55
Mixer (Over 16 CF)
-
Mixer (16 CF & Less)
-
Motor Grader Operator, Fine Grade
9.40
Motor Grader Operator
8.00
Roller, Steel Wheel (Plant -Mix
Pavements)
6.75
Roller, Steel Wheel (Other -Flat
Wheel or Tamping)
6.20
Roller, Pneumatic (Self -Propelled)
5.60
Scrapers (17 CY & Less)
6.55
Scrapers (Over 17 CY)
7..30
Self -Propelled Hammer
-
.Side Boom
-
Tractor (Crawler Type) 150 HP & Less
6.00
Tractor (Crawler Type) Over 150 HP
7.00
Tractor (Pneumatic) 80 HP & Less
6.00
Tractor (Pneumatic) Over 80 HP
6.50
Traveling Mixer
-
Trenching Machine, Light -
-
Trenching Machine, Heavy
6.40
Wagon Drill, Boring Machine or Post
Hole Driller Operator
6.40
Truck Drivers:
Single Axle, Light
6.00
Single Axle, Heavy
-
Tandem Axle or Semitrailer
6.40 '
Lowboy -Fl oat
-
Tranist-Mix
-
Winch
-
Vibrator Operator (Hand Type)
-
Welder
7.50
Welder Helper
-
Unlisted classifications needed for work not included
within the scope of the
classifications listed may be added after award only
as provided in the labor
standards contract class (29 CFR, 5.5(a) (1) (ii).
U
747164
N
4
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-Federal Register / VoL
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SP
i . CFM_GE_S I N THE WORK
The Local Public Agency may increase the quantity of the work in the
Contract by supplementary projects, not included in the Contract,
without invalidating the Contract, and without relieving or
releasing the Contractor from any of his obligations under the
Contract or any guarantee given by him pursuant to the Contract
provisions, and without affecting the validity of the guaranty
bonds, and without relieving or releasing the surety or sureties of
said bonds. All such work shall be executed under the terms of the
original Contract unless it is expressly provided otherwise.
If applicable unit prices are contained in the Agreement
(established as a result of either a unit price bid or Supplemental
Schedule of Unit Prices), the Local Public Agency may order the
Contractor to proceed with desired additions to the work, as a
result of supplementary projects, the value of such changes to be
determined by the measured quantities involved and the applicable
unit prices specified in the Contract; provided that in case of a
unit price contract the net value of all additions does not increase
or decrease the original total amount shown in the Agreement by more
than twenty-five percent.
Except for the purpose of affording protection against any emergency
endangering health, life, limb or property, the Contractor shall
make no change in the materials used or in the specified manner or
construction and/or installing the improvements or supply additional
labor,services or materials beyond that actually required for the
execution of the Contract, unless in pursuance of a written order
from the Local Public Agency authorizing the Contractor to proceed
with the change. No claim for an adjustment of the Contract Price
will be valid unless so ordered
-2. SUPERINTENDENCE
The superintendent and/or his assistants will not be allowed to
serve two functions simultaneously such as operating machinery and
acting as superintendent at the same time. The superintendent must
be free of individual responsibilities to enable him to give the
entire project his constant attention to facilitate the progress
thereof.
3. TIME AND ORDER FOR COMPLETION
No work will be allQwed from-November1 2nd unless
improved by the Engineer.
The construction covered by the contract documents shall be fully
completed within 90 calendar days from the date specified in the
Notice to Proceed Issued by the City of Lubbock to the successful
`bidder.
IIi_1 i
s '
4. MAINTENANCE OFQET . :R�,.._...... ...
The Contractor sha'f1""do such work as may be necessary to maintain
detours and facilities for safe public travei.There shall be
maintained in passable condition such temporary roads and structures
as may be necessary to accommodate public travel. Temporary
approaches and crossings of intersecting highways shall be provided
and maintained in a safe and passable condition by the Contractor at
his entire expense.
PUBLIC SAFETY ANl?COt��V
The safety of the public and the convenience of traffic shall be
regarded as of prime importance. It shall be the entire
resporsibi`lity of the Contractor to provide for Ingress and egress
to private property. Ingress and egress to private property shall
be provided as specified in the plans or as directed by the
Engineer.
The Contractor, shall plan and execute his operations in a manner
that will cause the minimum Interference with traffic. The
Contractor shall secure the Engineerts approval of his proposed plan
of operation, sequence of work and methods of providing for the safe
passage of traffic before it is placed into operation. If of any
time during construction the approved plan does not accomplish the
intended purpose, due to weather or other conditions affecting the
safe handling of traffic, the Contractor shall immediately make
z
necessary changes therein to correct the unsatisfactory conditions.
At night or otherwise, all equipment not in use shall be stored in
such manner and at such locations as not to interfere with the safe
passage of traffic. The Contractor shall provide and maintain
flaggers at such points and for such periods of time as may be
required to provide for the safety and convenience of public travel
and Contractor's personnel, and as directed by the Engineer.
Flaggers shall be English speaking, courteous, well informed,
physically and mentally able to effectually perform their duties in
safeguarding and directing traffic and protecting the work, and
shall be neatly attired and groomed at all times when on duty. When
directing traffic, fiaggers shall use standard attire, flags and
signals and follow the flagging procedures set forth in The Texas
Manual on Uniform Traffic Control Devices for Streets and Highways.
6.
BARRICADES AND DANGER, WAi N I ivy ! D iS UR S i GNS AND 71` gA C HANDLING
NG
The Contractor shall have the sole responsibility for providing,
installing, moving, replacing, maintaining, cleaning and removing
upon completion of work, all barricades, warning signs, barriers,
cones, lights, signals and other such type devices for handling
traffic control as Indicated in_the _plans or as directed by the
.Engineer. All barricades, warning signs, barriers, cones, lights,
signals and other such type devices shall conform to details shown
on the plans or as directed by the City Engineer and as indicated in
the Texas Manual on Uniform Traffic Control Devices.
The Contractor may provide special signs not covered by plans to
protect the traveling public against special conditions or hazards,
iii -2
provided however, that such signs are first approved by the x
Engineer.
Upon completion of the work, ail barricades, warning signs,
barriers, cones, lights, signals and other such type devices and
evidence thereof shall be removed by the Contractor.
7. PROSECUTION OF WORK
Not more than seven (7) calendar days shall elapse between the time
subgrade preparation is begun and the time of spreading and
compaction of the caliche base.
At no time during the period of construction shall driveways and/or
alleys be left impassable between the night hours of 6 P.M. to 6
A.M. except during the construction of the curb and gutter for which
the driveways and/or alleys shall remain closed not more than 7 days
including 4 days for curing.
The Contractor is responsible for communications with adjacent
property owners during construction that may limit or deny access to
their properties.
8, CATER
Water for this project will be furnished by the City of Lubbock at
fire hydrants designated by the Contractor for which there will be
no charge. The Contractor will be furnished loading racks by the
City Water Superintendent at no charge for the first rack but for
each additional rack there will be a charge of ten dollars. The
Contractor will also be charged ten dollars for each move of each
loading rack after the first set-up. The loading rack will be
equipped with a valve which will be pad -locked at ali times except
when the Contractor's truck is loading. The valve on the loading
rack shall be used by the Contractor and at no time will the
Contractor use the fire hydrant valve. The padlock on the rack
valve shall be furnished by the Contractor. The Contractor_ shall_
not use any fire hydrants for water loading unless there is an
authorized rack on the fire hydrant. The Contractor will not be
allowed to use water from authorized loading racks except on City
approved projects. Water, which is supplied by the City, Is
intended for use in compacting subgrade and base and maintenance
dust control. It is not the intention of the City to furnish water
for use in mixing concrete.
9. RESTRICTIONS AND REQUIREMENTS FOR CQNSTRUCT I ON
r
A. The contractor will need special permission to be permitted to
work on weekends or legal holidays and shall do no work on any
contract item before daylight or later than one hour after_
sundown. (See paragraph 14.)
B. A 1:2 dilute emulsion treatment with VIS -1 or SS -1 emulsified
asphalt at a rate of 10 gallon per square yard will be
applied to the A.C. surface within ten days of the placement _.
of the A.C. surface.
11i-3
C.
Temperature Reouirements
(A.) November 1 until April 1
1. The asphaltic mixture shall not be placed when the
air temperature is below 55 degrees F and falling.
2. The asphaltic mixture may be placed when the air
temperature is above 50 degrees F and rising.
(B.) April 1 till November i
1. The asphaltic mixture shall not be placed when the
air temperature is below 50 degrees F and failing.
2. The asphaltic mixture may be placed when the air
temperature is above 45 degrees F and rising.
The engineer may use his discretion to require a
cover over the asphaltic mixture when being
hauled from the plant to the job site.
D.
The asphaltic surface will have a minimum temperature of 300
degrees F, immediately after placement by the lay -down machine
unless otherwise approved by the Engineer.
Standby rollers shall be Located at the job site for immediate
use if needed.
F.
Proof rolling will be required on subgrade, caliche base,
black base, embankment or surface. After rain showers if
deemed necessary by the Engineer each item that was approved
will be re -rolled. The proof rolling will be performed with
six passes over the area using a self-propelled 35 ton
pneumatic roller with certified weight certificate.
G.
Preliminary approval, by the Engineer, of aggregate at the pit
and crusher location shall be required, prior to delivery to
the plant. Final approval of the stockpile locations will be
required by the Engineer, after which no additional_ aggregate
will be added to the -approved stockpile prior to entering the
mixing plant.
H.
During the period of construction the contractor will not use
private driveways for turning or parking his equipment. Damage
to sidewalks, driveways, slabs or curb and gutter will be
replaced at the Contractor's expense.
A.
Before any portion of any street is closed to traffic the
Contractor will be required to have sufficient equipment on
the site to start the construction,and at no time will any
q
section of the closed area be left three (3) days without some
type of work being performed. If there is a shortage of
equipment to work on all areas of the closed section then the
Contractor will be required to provide additional equipment.
It is the intent of these requirements to construct the
streets listed in this contract with the least inconvenience
to the property owners and the traveling public. In the event
damage occurs to pavement in the area of a fire hydrant, which
was caused by the Contractor's employees negligence to shut
off the valve on the loading rack, it will be the Contractor's
responsibility and expense to repair the paving and replace
curb and gutter if required by the Engineer.
10. EMOY I NG OBSTRUCTIONS
The Contractor shall familiarize himself with the existing
obstructions including sidewalks, trees, poles, etc., prior to
building. It shall be the Contractor's responsibility to remove
these obstructions at the direction of the Engineer except that the
Utility Companies will move their equipment at no cost to the
Contractor. The Contractor will receive no compensation for delay
caused by the utility companies in relocating or removing their
equipment.
11. TESTS OF MATERIALS
In general, the Contractor will bear the cost of all material tests,
some of which are listed:
a. Caliche Base Materials: Before material can be used on any
street, current (not older than 45 days) test reports will be
submitted to the Engineer for approval.
b. Concrete mix design and compression test made by a commercial
laboratory submitted to the Engineer for approval.
C. Cement certified mill test on each car for cement.
d. AsphAlt certified lab test.
e. Concrete Aagrecete crushed stone or gravel shall have a
maximum of eighteen percent (i8p) loss when tested by five (5)
cycle magnesium sulfate soundness test A.S.T.M. C-88776 and
Test Method Tex, - 411-A and 413-A.
Paving Aaareg_ate shall have a maximum of twenty percent (20%)
loss when tested by the four (4) cycle magnesium sulfate
soundness test A.S.T.M. C-88-76.
f. Base Density Tes-t- The City of Lubbock Testing Laboratory
will provide density test on the caliche base or black base.
Should the contractor question the results of these tests, the
contractor may, at his own expense, obtain a commercial,
laboratory for testing and comparison. A representative of
the City shall be present for the density test if the
Contractor disputes the City's results.
A copy of X11 test reports, "obtained and submitted to a commercial
laboratory by the contractor, shall be sent to the Engineer for file
and record regardless of the outcome_or results of the tests.
111-5
No Text
No Text
No Text
1,!=_-RIALS OF CO' STRU CTiO T
C_ F RAL
The folloking paragraphs give the specifications on the various
m.aterla1s which are to'be used in this project. All materials are
to be subject to commercial laboratory tests, if required, and such
tests, unless ethe�.ise specified, shall be aaid for by, the 0� er.
On iuinOr items a CErt`icate from he manufacturer may, be required,
_
Certifying that the .Rater lal or ecui, hent neets the SpeClf 1Cati0^S
for such material as specified he E 171. All- materials shall be sllb-
ject to the approval of the Engineer before 'being used
2. COiCFETv
A. Cement
Cement shall conform to "Standard Specifications and lest for
Portland Cement, "A.S.T.M." Serial.Des ignation 0150, Type T
and Type III, and shall be at, approved brand.
E. Aggregate
Description -
Concrete aggregates shall consist of natural, washed and screened
sand, and washed and screened gravel or clean crushed stone Con
forming to t1Standard Specification for 'Concrete Aggregate, "A.S.T.M. `
Serial Description C-33-39 and Item ho.- 360 of the Texas State High-
Serial
Specifications. The aggregate shall be well graded from coarse
to fine and shall be free from: injurious amount of clay, soft or
flaky materials, loam or organic impurities. All aggregate shall be
approved by the Engineer before use. Niax.mum size of aggregate shall
be 1-1/2 inches. Aggregate for concrete construction proposed to be
used in this project shall have a loss not to exceed 18`% when subjected
to 5 cycles of the Magnesium Sulfate souneness test A.S.T.M. Desi-
station C-88-75.
Stockpiles
The'locatien of all stockpiles of aggregate shall be approved by
the Engineer prior to unloading as to zorning reouireents, smooth-
ness and compaction of the ground, and traffic conditions. SLock-
piles of aggregate to be incorporated into the Project shall be
protected from dust by drift fences of any suitable material
approved by the Engineer, when sandstor., possibilities exist.
Care will be taken to prevent dusty conditions in th,e stockpile
area from any sources.
No Text
The results of the 3 or 7 day strength tests will be compared with
the 3 or 7 day strength -of the preconstruction test cylinders for
the type and slump of the concrete being produced. Should, the 3
or 7 day strengths indicate a deficiency in the 7 or 28 day strengths,
the Engineer may require a temporary change in proportions to correct
such deficiency. Such change shall remain in effect until the 7 or
28 day strength of the material in question is determined, at which
time the change shall become permanent or shall be rescinded,
depending upon the results of the 7 or 28 day test.
The engineer shall record the delivery ticket number for the concrete
and the exact location in the work at which each load represented
by a strength test is deposited.
E. Concrete Design
Concrete conforming to these specifications may be "Ready Mix"
but transporting vehicles shall be operated such as to insure
delivery and placement in forms without loss or segregation of
ingredients and within one hour of mixing time. Continuous nix-
ing during transit will be insisted upon.
Mix Design
All concrete for curb and gutter, valley gutters, 'fillets and
alley stubs, alley slabs, drainage channels, inlet boxes, head-
walls, and medians stall be. Type I or Type III cement with 5%
air entrainme.nt (-' 1,% tolerance) . The concrete fix design shall
be bas.ed on water -cement ratio, and shall be as follows for the
different types of concrete.
Minimum Sacks Max . Gal. Max. Slump
Class Cement per C.Y. Water per Sack in Inches
A 5 6.5 4
C 6 6 3
E = 5.5 5.5 3
E 6 5.5 2
The concrete mix design for the different types shall also be
such that the compressive and flexural strength for each class
shall not be less than the following:
Minimum Average for
Class any test
7 da}*
3 day 7 day beam strength 28 day
A -- 2100 3000
<�— • 3000 .600
3600
E 2500 3000 --- ---
F` 2900 3500 --
Any concrete failing to meet these strength requirements or air
content shall be removed and replaced.
IV -3
Low'Strength Concrete
Any class of concrete incorporated in any part of the project
which does not meet the strength requirements specified above,
shall be considered low strength concrete. Low strength concrete
shall be removed and replaced at the expense of the Contractor.
The Engineer shall determine the exact limits of any low -strength
concrete required to be removed and replaced under the provisions
of this paragraph. The methods to be used in removing and replacing
such concrete shall be approved by the Engineer:
F.
Classification
Unless otherwise shown on the plans: Class A concrete shall be used
for curb and gutter, drainage channels; medians, inlet boxes, head-
walls and sidewalks; Class C concrete shall be used for concrete
paving and valley gutters constructed in thoroughfare and collector
streets; Class E concrete shall be used for valley gutters on
streets other than thoroughfares and collectors and for alley returns,
alley paving and reinforced gutter sections; Class F concrete is used
for railroad sections.
G.
Mixing
All aggregates shall be accurately weighed or measured by volume. The
concrete shall be mixed in an approved batch mixer equipped with an
accurate water measuring tank, and shall be mixed for one and one-
half minutes after all material is in the mixer. "Ready Mixed" or
"Transit.Mixed" concrete may be used. If used it shall conform to
these specifications and the "Standard Specifications for'Ready
Mixed Concrete," AS.T.9. Serial Designation C94-38 and Item No 502
of the Texas State Highway Specifications.
After mixing, the concrete shall be transported to the forms in a
manner which will prevent separation or segregation of the aggregates
and shall be placed without undue delay. It shall be deposited as
nearly as practicable in its final position in order to avoid re-
handling or flowing of the concrete. No water shall be added to
the concrete to facilitate finishing.
H.
Curing Compounds
Compounds used to form an air tight membrane over fresh concrete
surface for curing purposes shall conform to Item 531, Texas
State Highway Specifications and "A.S.T.M." Serial Designation
',C-309.
3. ` STECL 'RET'N'FO"RCING "
A.
Wire Mesh
Wire mesh reinforcing shall conform to "Standard Specifications for
Welded Steel Fabric for Concrete Reinforcement" ASTM Designation
A-185.
IV -4
Mesh rein¢crcemet shall be of the size shown on the plans. All
n �
reinforcement shall be perranently marked with grade identification
marks or shall, on delivery, be acccrmpanied by a manufacturer's
guarantee of grace and co=, fiance -.ith these s-pecifications. Rein
fercement stored on the site shall be protected from accumulations
of grease, mud or other foreign matter and from rust producing
conditions and shall be free fro: rust, scale, oil, mud or struc-
tural defects when inccrperated into alley slab, or valley gutters.
B. Bar Reinforcing
Reinforcing steel to be used on this project shall conform to
A.S.T.?i. Designation -432 and shall be deformed to A.S.T.M. 305
requirements.
4. JOINT MATER IAL
A. Fxaansion Joint Materials
Bituminous premolded expansion joint material shall conform to
Item No. 420.2 (a) of the Texas State Highway Department.Specifi-
cations
"Ex-arnsion joints shall be placed as shoe on the plans or as
directed by the engineer.
B. Joint Sealing 'Material
Joint sealing 'material shall be W.R. Meadows sof-seal. - -
5. FORMS
Fors for curb and gutter and alley 'paving may be of wood or metal,
of a section satisfactory to'the Engineer, straight, free of wa--p,
cnd ciePth equal to the depth of the concrete section formed..
*orms shall be constructed accurately to the line and grade as
established in the field, shall be adequately, braced so that they
will not-move during the placing of the concrete, and Shall remain
in place at least twelve (12) hours after placing concrete. Forms
shall be oiled with a light oil before each use and forms which
are to be re-used.shall be cleaned i=ediately after each use and•
maintained in good condition. Curb forms shall be such that the
face of the curb can be formed by use of 'a face form held in place
Dy steel templates. Forms used for curb radii shall meet all of the'
above specifications, except that face forms on curb radii may be
omitted if a true section and an accurate flow can be obtained by
other methods approved by the Engineer. In no case :ill a concrete '
pour be started without the approval of the engineer. N0_f0 ms Shall
be placed until the subgraee is thi one inch (I") of its finished
for alle,- slabs may be used as a guide for screeding.
grade. Forms
VThere longitudinal construction joints are_reccired, the form shall
be so constructed as to provide a ch "17" shaped groove in the
face.
No Text
7. ASP?-k.T STABILIZED F ASE-ELA'_7 ?ill: (IIS item 292)
A, Descrittion
This item shall consist of base courses to be composed of a compacted mixture
of graded gravel base material from sources approved by the Engineer.
(Once the source is selected the contractor z, -ill not change to another
source without the Engineer's approval) and asphaltic materiel, mixed
hot in an approved mixing plant. The percent asphalt shall be deter-
mined by the Engineer in accordance with Test Method Tex 126-E and
Tex 204-F or other establis:~:ed procedures.
B. Materials
(1) Hineral Aggregate (Graded Gravel)
The material shall be crushed and shall be screened as necessary to
meet the reciArements hereinafter specified and shall consist of'aur-
able aggregate particles otherwise -specified below.
(2) Stockpiling, Storage. Pronorting and ?iiaing
Stockpiling of Aggregates. Prior to the mixing operations »r'th asphal-
tic material, processed ineral aggregate shall be stockpiled on an
-area previously cleared of trash, weeds and grass and smoothed as Cir -
by the Engineer. The aggregate stockpiles shall be not less than
10 feet in height and constructed in layers not exceeding 18 inches in
depth er as directed'by the Engineer. The plant shall have and main-
tain at least a two da` supply, of aggregate on hand unless otherwise
directed by the Engineer. Material shall be stockpiled in.such a
:manner as to prevent segregation of aggregate and mixing of aggregate
from stockpiles and/or other sources. The gradation requirements for
the individual stockpiles and proportioning from these stoc:xp.iles wi11
be the contractor's responsibility.
(s)
Gradation
Unless otherwise specified, the grading of the mineral aggregate
shall conform to the limitations as sho--n :below:
This mixture shall meet the T.H.D. 1982 Specification Item (292)
Grade 4 -- Grading requirements
Perces retained -sieves
1-1/2" 7/8 1/211 J4 r40
0`8-30 30-55 50-70 70-90,,
"�aterial passing the �o. 40 sieve shall be kno�.n as "Soil Birder"
and shall meet the following requirements when prepared in accordance
with the Test Methods Tex-101-Erprocedure:
The l.Lq d. 1i 1t shall not exceed _ . . 0 • �:5
_ne p as rc-ty �..de:, s:�a_ -ot exceed . 0.15
The linear shrinkage shall not exceed . . . 0.05
Samples for testing the raterial shall be taken prier to themixing
operations. Where More thanone material is used, tests will be on.
the comb' ed materials. _
The mineral aggregate shall not contain more that: 0.5% moisture prior
to entering the pugmill for mixing with asphalt.
C.
Asphaltic Materials
Asphalt for paving mixture shall be of the type as determined by the
Engineer and shall meet the requirements of the Item 300"THD:Specs'
1982 "Asphalt, Oils and Emulsions". The grade of asphalt used shall
be designated by the Engineer. The contractor shall notify the Engin-
eer of the source of his asphaltic material prior to design or prod-
uction of•the asphaltic inixture'"and this source shall not be changed_
during the course of the project, except when authorized by the
Engineers
(1)
-asphaltic Stabilized Kixture
The mixture shallconsist of a -ifora mixture of-ineral aggregate
and asphaltic material. The mineral aggregate will conform to the
gradation requirements spec_fiec. The asphaltic material shall form
from 4 to 9% percent of the mixture by weight. The design percent
•
as halt shall be determined in accordance kith Test Method Tex. -126-E
o'r Test Method Tey. -20L. -F and procedures outlined in the SDpIPT Bull-
etin C-14. The percent of asphalt in the mi -x shall be determined by
xtraction ASTM D-2172,ASTM D-4125 *ethod of Test for asphalt content
».
by Nuclear Method, Test Method Tex- 210-F or Test Method Tex. -226-F.
(2)
Tack Coat !
Asphaltic materials shall Deet the requirements of the Item, "Asphalts,
Oils and Emulsions THD Item 300", as approved by the Engineer.
(3}
Tolerances
The Engineer- will designate the asphalt content to be used in the
mixture after design test have been made with the aggregate to be
used in the,project. When tested as determined bT the Engineer,
samples of the mixture `shall not vary from" the zsn1�airvt content
designated bv the Engineer by more than 0.2 percent dry weight
(based on total mixture).
Asphaltic concrete pavement and asphaltic stabilized base shall be
machine -lad=ed ZM6 the eeuivment s7ail meet the reouiremen-ts of T:1D
1982 specifications Item 528. Autoratic screed controls for concrete
spreading and finishing machines:
_V-6
$ . EOLIPNE- NT - ?iIXING PLANTS BL --'-CK B .SE 1" D HOT-!=
All equipment for the handling of all materials and mixing and placing
of the mixture Shall be maintained in good repair and operating condition
and subject to approval of the Engineer. Any equip -me. t found to be de-
fective and affecting the .quality of the mixture will be replaced.
Mixing plants may be the weigh -batch t; -?e or the continuous mixing type
or the drum mix type. All ty=pes of plants shall be equipped kith saris-
IaCtOry conveyors, power units. aggregate handling ecu-pment, bins and Gust
collectors and shall consist Of trie_ `C�lOw�ng essei1t121 pieCeS Of equipment.
When 'requested.by the Engineer, weigh -batch and continuous types of mixing.
plants shall' be equipped with "automatic prcportionir_g devices in accordance
with the Item, "Weighing and *reasuring Equipment. if automatic_ recording
devices are .-required by the plans, they shall be in accordance with the
TPM Item, "Weighing and Measuring Equipment.','
A. Weigh -Batch Tyne
(1) Cold Aggregate Bin and Pro crtioning Device
The number of compartments in the cold aggregate bin shall be
equal to or greater than the n•_^ber of stockpiles of individual
materials to be used.
The bin shall be of sufficient size to share the amount of aggre-
gate required to keep the plant in continuous operatioyn and 0-
proper design to prevent overflow of material from one compartment
to another. The proportioning device shall be such as will pro-
vide a uniform and continuous floc: aggregate in the desired pro- '
portioning in a separate ccmpartnent.
(2)
The dryer shall be the type that continually agitates the aggre
gate during heating and in w,'ich the temperature can be so con-
trolled that aggregate will'not be injured in the necessary drying
and heating operations required to obtain a =J tire of the special
temperature. The burner, or combination of burners, and type of
fuel used shall be such that in the process of heating the aggregate
to the desired, or specified temperature, no residue from the fuel
Shall adhere to the heated aggregate. A recording thermometer
shall be provided -v ich k.lil record the temperature of the aggregate
prior to the mixing operation. The dryer shall be of sufficient
size to keep the plant in continuous operation.
(3} Screening and pronortioning
The screening capacity and size of the 'ret aggregate bins s'nall be
SUffiCient t0 SCTeei a_iC StOrc the a- Cunt C� a_£greg2te "equi_ed t0
properly operate the plant and to Keep the plant in continuCL'S
operation at full capacity "he hot bins shall be constructed so
that oversize and overload material will be discarded through over-
flow chutes. £rov�sions shall be made to enaLle inspection forces
to have easy and safe access to the proper location on the mixing
plant inhere representative samples may be taken from the hot bins
for testing. The plant shall be equipped with at least three hot
bin's. The aggregate Shall be separated p into the number of bens
indicated on the plans or as directed by the Engineer.
(4)
Aggregate L.leigh Box and Batc _; -nz Scales
The aggregate weigh boy; and batching scales shall be of sufficient
"
capacity to hold and weigh a complete batch of aggregate. The
weigh box and scales shall conform to the requirements of the- T."R.D.
Item, 520, 1982, "Weighing and _
Measuring Equipment."
(5)
Asphaltic ?4aterial Bucket and Scales
The asphaltic material bucket and scalesshall be of sufficient
capacity to hold and weigh the necessary asphaltic material for
one batch. If the material is measured by weight, the "Weighing
and Measuring Equipment." If a pressure type flow meter is used
to measure the asphaltic material,the requirements of the T.H.D.,
Item, 520, 1982, "Weighing and *reasuring Equipment," shall apply.
(6)
Mixer
z -
The mixer shall be of the pug mill, type and shall have a capacity _
{
of not less than 3,000 pounds (of natural aggregate mixture) in a
jsingle
batch, unless otherwise shown on the plans. The number and
position of blades shall provide a uniform mix. The mixer shall be
equipped with an approved'spray bar that will distribute the asphaltic
quickly and uniformly throughout the mixer. Any mixer that segregates
the mineral aggregate or fails to secure a thorough and uniform mix -
lure with the asphaltic material shall not be used. This shall be
Bete mined by nixing the standard batch for the required time, then
dumping the mixture, taking samples from its different parts and
testing by Test :;et}-iod flex -21 0-F to show that the batch is uniform
throughout. A11 mixers shall be provided with an automatic time lock
that will lock the discharge doors of the mixer for the required mixing
period. The -dump door or doors and the shaft seals of the mixer shall
be tight enough to prevent spilling of aggregate or mixture from the
mixer.
(7)
Surge -Storage System
A surge -storage system may be used. It shall be adecuate to minimize
production interruptions during the normal day's operations. A device
such as a gob hopper or other similar devices approved by the Engineer
to prevent segregation in the surge -storage bin vill' be required.
If'the Contractor elects to use a, surge -storage systen, scales con-
fc�..:irg to the reoui repents outiin'ed herein w li be recur red.
_. (8)
Scales
Scales Laav be standard platfo= truck scales crother ecuinment such
as weigh hopper (suspended) scales approved by the Engineer. All
scales shall conform to the lte::, "Weighing and Measuring Equip-
ment." if truck scales are used, they shall be -Dlaced at a loca-
tion approved by the Engineer. If other vleigh=g equip�ient is used,
the Engineer mai- require weight checks by truck scales for _the basis
of approval of the equipment.
B. CO\lI\VOUS ?r11\,G TYPE
(1) Cold Aggregate Bin and Proportioning Device
Same es for Neigh -batch type of plant.
(2) ,Dryer
Same as for weigh -batch type of.plant
(3) Screening and Proportioning <.
Same as for weigh -batch ,=pe of plant.
(4) Hot A gregate Bin
The hot bins shall be so constructed that oversize and overload
`material will be discarded through an overflow chute, Bot aggre-
gate bins that become deficient in material shall activate a switch
that automatically stops the plant until the proper adjustments
are "made.
(5) rot Aggregate Proportioning Device
The hot aggregate proportioning device shall be so designed that
when properly operated, a uniform and continuous flow of aggregate
into the mixer -Till' be maintained.
(6) Asphaltic Material Spray Bar
The asphaltic material spray bar shall be so, designed that the
asphalt -,ill sprayunif o mly and continuously into the mixer.
Asphaltic Material Meter
An asphaltic rseterial recording meter meeting the reduirements of the
Item, "Weighing, and Measuring Equipment;" shall be placed in the asp-
halt line leading to the spray bar so that the cumulative amount of
asphalt used can be accurately determined. Provisions cf a perman-
ent nature -shall be made for checking the accurace of the meter output.
The asphalt meter and line to the meter shall be protected with a jack-
et of hot oil or other approved means to maintain the temperature'
of the line and meter at or 'near that te=.�erature specified for the
asphaltic material. Unless otherwise sho-'7 on the plans, the temp-
erature
erature oz the asnhalt e-aterial entering the recording meter shell
be ,maintained at _ 10 r of the te'perature at z hich the asphalt Teter-
ing punp was calibrated and Set. Iriabilltt t0 maintain this tolerance
in temperature shall result in an adjustment Of the pay quantity 'Or
the asphaltic exerial.
`
If a pressure type flog= meter is used to measure the asphaltic
material, the requirements of the item, Weighing and Measuring
Equipment",.shall apply,
(s)
r.ixer
The mixer shall be of the pug mill, continuous type and shall have
a capacity of not less than 40 to:s of mixture per hour. Any
=fixer that has a tendency to segregate the aggregate or fails to
secure a'thorough and uniform mixing-of the aggregate with the
asphaltic material shall not be used. The dam gate at the dis-:
-'
charge end of the pug mixer and/or pitch of the .nixing paddles
shall be so adjusted to maintain a level of mi:xture in the pug
mixer between the shaft and the lower paddle tip (except at the
discharge end),
(9)
Surge-Storage System _
A surge storage system may be used. It shallbe adeeuate to minimize
production interruptions during the normal day's operations. _A
device such as a gob hopper or other similar devices approved by the
Engineer to prevent segregation in the surge-stor._ge bin will be re-
quired. If the Contractor elects to use asurge-storage system,
scales conforming to the requirements outlined herein will be required.
(10)
Scales -
°
Scales may be standard plat form truce; scales or other equipment such
as weligh'hopper (suspended) scales approved by the Engineer. All
scares shall conform to the Item 'Veighing and Measuring Equipment."
If truck scales are used, they shall be placed at a location approved
by the Engineer. If other weighing equipment is used, the Engineer
may 'require weight checks by truck scales for the basis of approval
of the equipment.
C . D I-3 : TTX PI.A -f T
Lniess otherwise shown on the plans, the Contractor may, at his option
elect to use the drum mixing process in the mixing of asphalt stab-
ilized base material. The plant shall be adequately designed and
coris'tructed for the process of mixing aggregates and asphalt in the
d U_ cTithout preheating the aggregates. The plant shall be
equipped with satisfactory conveyors, power units, aggregate handling
equipment and feed controls and shall const of the rollowJ.""��"
_*rg essential
pieces of equipment. _
(1}
Cold Ag€regate Bin and Feed, 'System
fine number of compartments is the cold aggregate bin shall be equal
to or greater"than the nu:'oez of stockpiles of indivldual materials
to be used.
-
ThE bin s*,all` `bE cf suffi cie; t size to store the amount of aggregate
reeuired to keep the plant in continuous operation and of proper
3
design to prevent overflow of material of one bin to that of another
bin. The feed systeiL shell provide a uniform and continuous flow
_.
of aggregate in the desired ropert on to the dryer. Each aggre-
gate shall be proportioned in a separate conapart._,ent wil total
. th
and proportional control
The system shall provide positive weight measurement of the comb-
ined colli-aggregate feed by use of belt steles or other approved
devices. Provisions of a pe=manent nature shall be fade for check-
Lng the accuracy of the measuring device as required by the Item,
41jveighing and Measuring Equipment". 7hen a belt scale is used.
mixture production shall be :uaibtained so that the scale nor:,ally
operates between 50 percent and 100 percent of its rated capacity.
Belt scale Operation below: 50 percent of the rated capacity mai'
be allowed by the Engineer if accuracy check show the scale to
meet the requirements of the item, "'Weighing and Measuring Equip-
Ment", at the selected rate and it can be satisfactorily demonst-
rated .to the Engi neer' that mixture uniformity and quality have not been
adversely affected.
(2) Scalping Screen
A scalping screen shall be required, -unless otherti.ise shown on the
plans, and shall be located ahead of any weighing device.
(3) Asphaltic Material Meas; ring System
An asphaltic material measuring device meeting the requirements of
the item, "Weighing and Measuring Equipment," shall be placed in
the asphalt line leading to the dr;'er-drum 'mixer so that the cumul-
ative amount of asphalt used can be accurately determined. Provisions
Of a permanent nature shall be made for checking the accuraCV"Of
the measuring device outpct. The asphalt measuring device and line
to the measuring device shall be protected with a jacket of hot oil
Or other approved means to maintain the temperature of the:line and
measuring device near that temperature specified for the asphaltic _.
material. Unless otherwise shown on the plans, the temperature of
the asphaltic material entering the measuring device shall be main-
tained at + 10 F of the temperature at which the asahalt measuring
device was calibrated and set..
If a p-ressure type flow meter is used to measure the asphaltic mat-
.,.... _ -
f "' �
erial, the requirements Ol the 'item, Weighing and .teaSLT-,
ng t0ulp-
ment", shall apply.
(4) Senchrcnization Equipment for Feed Control System
The asphaltic material feed ccntrol shall be coupled with the total
aggregate weight measurement de-vice n_ such manner as to automatically
Vary the asphalt feed rate as required to maintain the requiTed pro-
portion.
(5) Mix
T"ne drum mixing system shall be of the type that continually agitates
the aggregate and asphalt mixture during hewing and in which the temp-
erature Can be SC cont- _L
ed that aggregate and asphalt will not be
-..
damaged in the necessa= G vi .E ano t eang o-)erations reCLJlred to
No Text
No Text
(1)"
Stockpilin of Ar^regates
Prior to miaing operations with asphaltic material,
processed mineral
.!
aggregate shall be stoc,oiled on an area previously
cleared of trash,
weeds and grass and •smoothed as directed by the Engineer. The agg
regat"e"stockpilesshall be"not less than 10 feet in
height and con-
structed in layers not exceeding 18 inches in depth
or as directed by
Th
the Engineer. e plant shall have and maintain at
least a -two-day
supply of aggregates on hand,unless othert.ise directed by the Engineer..
T.ateri�l shall be stockpiled in such a manner as to
"and
pre,7ent segrega-
,
aggregate
miying aggregates C L of ag grom"stockpiles and/or
Sour"
ces. ' kiare than one stockpi le will be permitted
unless otherz-vise
s'ho-,-n on plans. The gradation requirements for the
individual stock-
-
piles and prcaorticning freta these stockpiles will 'be the Contractor's
;.
�esb'orisi'olitt as 'approved- bz the Engineer.
(2)
Storage and Heating of Asphaltic Materials
The asphaltic material storage shall be am-ple to meet the require-
rents of the plant. Asphalt shall not be heated to a temperature
in excess of that specified in the Iter, "Asphalts, Oils and Emul-
sions". All equipment used in the storage and handing of asphaltic
Material shall be kept in a clean'ccndition at all times and shall
be operated in such manner that there will be not contamination
With foreign matter.
(3)
Feeding and Drying of Aggregate
The feed,irg of various sizes of aggregate to the dryer shall be done
through the cold aggregate bin _aiid proportioning 'device in such a
manner ' that a unif o=and constant f low of materials in the required
proportions will be maintained. The aggregate shall be dried and
heated. to the temperature necessary to produce a mixture having the
specified temperature. In no case shall the aggregate'be introduced.
into the mixing unit at a temperature more -than 400 F.
(G).
Proportioning ,
The proportioning of the various materials entering the asphaltic
mixture shall be the responsibility, of the Contractor as approved by
the Engineer and in accordance with these specifications. The asph-
altic materiel and aggregates may be proportioned by weight or by
Volume based on weight using the specified equipment.
(5)
M1 i%
(b)
Weigh-Batch Type Mixer
In the charging of the weigh boxand in the charging of the mixer from
the weigh box such methods or devices shall be used as are.necessary
to secure a unifo:� asphalt mixture. In introducing the batch into
the mixer, all mineral aggregate shall be introduced first and shall
'be mixed thoroughly for a period of 5 to 20 seconds, as directed, to
unifornIy distribute the various `sizes throughout the batch before
the asphaltic material is added.' The. asphaltic material shall then
be added and -the mixing continued for a total mixing period of not less
„
than 30 seconds. Th nixing period may be increased, if in the opinion
of the Engineer, the mixture is not un f' The differential in
temperature of the aggregates and t:�e asphalt as they enter the pug
mixer shall not exceed 25 F.
'Temporary storing or holding of the asphaltic mixture by the surge-
storage system may be used during the normal day's operation.. Over-
;night storage Will not be per ittec unless authorized in the Clans or
in k-citing by: the engineer. `The mixture coming out of the surge-
storage bin must be of equal quality to that ceirg out of the mixer.
(�)
Continuous-TvDe Mixer
The amount of aggregate and as, h a 1 t i c material entering the mixer
and the rate of travel thro: gh the L xer shall be so coordinated
,..
„hat a uniform ix Litre of tl,e snecf_r 1QQ grad._ng.. and GaC_pnalt cc.Zlent.
=il1 be produced. The ciffere_.tia_ te-aer���re o` t:,e agg-egates
rime coat, tack coat.or asphalt stabilized base shall be placed only when
�,.... IV -18
No Text
�2) LThen rolling with the three wheel, tandem, or vibrato- rollers,
filling sha-1 start longitudi.rally at the sides ant proceed
,ward the center of the pavement, overlapping on successive
ips by at least half 'the width of the rear wheel unless othertiiise '
.rected by the Engineer. Alterate trips of the roller shall
.slightly different in length. On super -elevated cun7es, roll-
s hall begin'it the low side and progress toward the high
de unless otherwise directed by the Engineer. Vhen rolling
th vibratory steel wheel rollers, the manufacturer's recomm-
dation shall be 'followed unless directed otherwise by the
gineer. oihing iiith p%i*eumat c -tire roller shall be done as
`hlrectedbythe Engineer. RolY1-'be rycontinue d until no
ether increase in densiry can be obtained and all roller marks
: elimi.nated. The motion of the roller shall be slow enough '
all times to avoid displacement of the mixture. Ifary dis=
acement occurs, it shall be corrected at once by the use of
rake, and of fresh matures where reouired. The roller shall
t be, allowed to stand on any portion of the mixture pavement
ich has not been ft -?l- compacted. To prevent adhesion of the
xture to the roller, the wheels shall be kept thoroughly*
istened with~water, but an excess of water will not be per
-
ttec. rolleYs s� De in good riEc.:a_.;ca_ 'co- i— * n:
S2ry l3rec'iA on shall De take:. to prevent the dropping of
spline; C11, €Tease Or other foreign matter on the ro2d:.av
ther when the rollers are in operation or when standing.
1.1_LO
No Text
No Text
No Text
Ihe
paving mixture shall consist of a unifo= =ixture of coarse
egate, fine" -aggregate and asphaltic material.
The grading
of
cons,iituen't of the mineral aggregate shall be
such as to
U ce., -when properly Proportioned, a mixture -which,
when teste:d
ccordance with Test Y,6th'od Tex -200-F (Dry Sieve
Analysis)
con"o-rM to t linitations for master grading
given below
the type specified.
t��O� e C Coa7se Graded S urf 4p,g, Cour�se)
- "Passing 7/8"- sieve.
to
100
!_�tassi_ng 5/8" sieve . . . . . . . .
08
to
100
�assing ��Vt sieve, retained on 31 8 s ieve.
12
to
25
s' sin, g 3*/8" sieve, retained on No. 4 sieve
15
to
30
PasSITIg No 4' sieve, retained on No. 10 sieve
12'
t. o
10
TOL�Pii re ained on No. ib sie've . . . . .. . . .
. . 53
to
65
No 0 sieve, retained on No. 40 sieve
10'
to
assing �o.,
x .0 s.JL P_%, e , retained ory No. 80 sieve
. . . 5
to
i5
P a's s ing' No 80 s'i e-_�Te, 'r e"t a in e d on No. 20 sieve
. . .
t o
6
Moditied Type Coar se Graded Surface CoV rs e
X
-he
Z, Engineer may di,esignate t,, i E use of a r, o d i f.i e E. 'T-�-, e "C" Surface
No Text
No Text
J- - 2 7
No Text
DETAILS OF C0:•-STRUCTION
1 CONCRETE
A. Curb and Gutter (Class-A-'Co2?crete)
Description
This item shall Consist of Portland Cement 30" concrete curb and
glitter or 30" separate gutter as shown on the plans or as directed
by the Engineer, and shall be constructed of Class A concrete.
Included in the curb and gutter item is the subgrade preparation
and the filling and shaping of the area behind the curb..
(1) Curb Openings
Separate gutter sections will 'be ,laced only across alleys and
driveways presently in use or where definitely planned .�.e for futllr
z L
property improvements. it shall be the responsibility of the
contractor to contact the property owner and determine the proper
location of driveways before curb and gutter is constructed. All
gutters across net, or proposed driveways must meet the requirements
set forth in the Citi Sidewalk and Driveway Regulations, Ordinance
Number 1466 and amendments thereto and gutters across existing
driveways will be required to conform to said regulations if no. _
hardship to the ex ting property improvements is involved. In
any event, all curb and gutter to be Poured must have the
engineer's approval as to driveway widths and location, in addition
to the section, line and grade approval, before any pour is
started oil any curb and gutter unlit.
(2) Excavation and Subgrading (See Page I'-24), --
Excavation for the Curb and gutter shall be made kith the WOW -
L30.. OT the eAtlre', �'Tile e�CavaLlon S!lall, be COne tC the
lines
and graces set by the engineer and in such a manner. as to
require a maziau*^ 1/2" (inch) of fill to bring the subgrade to the
correct elevation. Sub, -rade that is undercut 1" (one inch) or
rr by c i L4ing
more shall be brought to the cc.�ect elevatlol. _ _car_�� ,
wetting, disking, blading, roiling and compacted to 95% Standard
Proctor Density (A.S.T.M. D-698) with pneumatic rolling to correct
elevation prior to setting forms. Before completion of curb and
gutter, ALIT., traffic signs and street name markers found in the
way of paving will imzediately be relocated behind the proposed
curb and gutter by the Contractor.
(')
Setting Forms
Forms for concrete curb and gutter Shall be set to the lines and
grades established*by the engineer after the subgrade has been
prepared. The forms shall be held together and in place in such
a manner that they, will not move during the placing and working
of the concrete. The forms shall be cleaned and. oiled prior to
pouring concrete. Face forms and construction joints (removable
metal plates) shall be set to hold the concrete for the curb in
place until it is to be finished.
Forms for radii shall be set in the same manner as the straight
-:
forms except that no lace form trill be required :if a true section
is obtained by other methods. The.radii forms shall be set in
such a manner that the•curve will be true.
(4)
Placement (Including Mak --in Joints)
Sufficient concrete shall be _placed to allow for shrinkage and
extra material for finishing, and the concrete shall be floatad
and troweled to the approximate section, and only after the
concrete receives'a partial set shall the face forms be removed.
The section shall then be.shaped to the true cross-section by the
use of a metal -screed which is shaped to the true cross-section.
A "mule" screed shall be used only to shape to true cross-section
-
when topping material is provided and pushed along on the front
edge of the mule.
Curb and gutter shall be constructed with an expansion joint at
the tangent point of each, return at intersections and at intervals
of not more than forty'(40) feet between the intersections._ rorty
feet intervals may be waived if curb and gutter machine is used.
Expansion joints shall be of the_.material hereinbefore specified. "
Construction joints formed by removable metal plates (templates)
accurately* shaped to the cross-section of the curb and gutter
shall be located at the mid -point of each section between expansion
joints. or as directed by the Engineer. Contraction joints shall
be, placed at ten foot intervals. All joints shall be perpendicular
to the surface of the concrete and to the axis of the section.
(5)
finishing
v
•
I ten (10) foot metal "straf g -It -Edge" seal` be used to strike the
flow line to grade, continuously along the _'low line of the gutter.
This operation s hall be followed with a four (4) foot spirit level
to assure the continuous grade down the flow. -line the length of
the gutter.
V-2
Curb and gutter shall be finished uniformly by steel trowelling
I an accurate Cress-sectio n. the final rom th
Till be accomplished
with a brush,: the last stroke being one frOru the back of Curb
to the lip of gutter. ` Both sides of ail joints, the lip of
gutter, and the back edge of the curb shall be finished with a
1/4" radius edging tool before the final brushing: Curves at
the top and bottOry of the curb section seal! present a uniform
v
appearance without "K'aves" In the fact of the curb or ''pockets"
in the gutter.
Concrete shall not be poured during sand storms Concrete shall.,
be protected to maintain temperatures of not less than 50 degrees F.
for five days after placement. If aggregate and water are heated,
then shall not be heated above _90 degrees F. Concrete shall not
be placed when the ambient temperature is less than 40 degrees F.
It shall be. the responsibility of the contractor to anticipate as
nearly as possible changes in weather conditions which would a_.ffect
_ .
the placement and protection of the concrete, and to be prepared
to protect freshly placed concrete when sudden changes in the
weather -make such protection necessary.
(6) Removing Forms
Special care is required of 'the contractor in his repovi lg of pins
and moving of to mss. Fins shall be pulled from the ground to free
forms. If ha "mering is .ound to be necessary, a light, one
hound hammer shall be used. The contractor shall not place forms
or pins on newly finished concrete. Loading and unloading of forms
from a truck shall be executed _by two workmen. It is the duty of
the contractor to remove-any warped forms found in any section of ;
X
ortis, before .it is poured. When forts are pointed out as defective,
those forms shall then be removed from the job site and not
returned un 1 they have been
inspected by the Engineer.
(i) Hachine Laid Curb and Gutter
Class A concrete shall be used for machine laid curb and gutter.
The slum of the concrete shall be as directed b� the
q,
slump � ,- �� ' , e Engineer. ..
Reinforcing steel, if required, shall conform, to Section .3 under
Materials of Construction.
The curb and gutter shall be laid by an extrusion machine approved
by the Engineer. Immediately prior to placing the curb and gutter,
foundation shall be thoroughly cleaned.
the previously approved
The line for top of curb shall be u.aintaine,d from a guideline set
1,111,11
by the Contractor from: survey marks established by the engineer.
Curb outline shall strictly conform to the details shot-n on the
plans.
a
The approved mix shall be tee LnLo the -machine in sucn a manner
and at such consistency that the finished curb will present a well
compacted .amass with a surface free -from voids and honeycombs and
true to established shape, line and grade.
"dditional surface finishing shall be perform=ed i=jediately after
extrusion. Unless otherwise specified by the Engineer, joints
shall be constructed as follows: Expansion 'joints shall be
located at each end of radius at intersections and alley returns
and at the beginning of the pour, and dummy grooved joints shall
be spaced at 10 foot intervals between the expansion joints.
{8)
Curing
All concrete work shall be.covered with heavy, water -proof type
paper to prevent loss of moisture and to prevent direct sunlight
from striking the concrete, as soon as as it has set sufficiently
enough to prevent marking.
In lieu of this method of curing, the curb and gutter may be
cured by applying a liquid membrane coating to all exposed surfaces,
provided such material and method is first approved by the Engineer.
{c)
Filling 43 -hind Curb
After the form=s are removed and the concrete has cured, the
contractor shall fill rhe area behind the curb with top soil.
The area between the sidewalk and the curb or property- line and
curb, if no sidewalk exists, shall be leveled and sloped toward
'
the curb in a manner satisfactory to the property o,. per and/or
Engineer. Fill should be done prior to dumping caliche
(10)
Replacement of Damaged Curb and Gutter or Gutter
No patching of any nature shall be alloy=ed in repairing any carnage
to curb and gutter or gutter vin, occurs during the construction.
Process of paving improvements in any unit prior to the acceptance
of said unit. Vhere damage occurs, the section of curb and gutter
or -gutter containing the damaged portion shall be removed to -the
nearest joints and shall be replaced with new construction, prior
to surfacing *of that section of street.
Concrete surface finish nnarred by vandal=s, rain or sand during
setting time shall be pec ate'y repaired with an approved epox7,,
material; all abused concrete surface, along with structural
da -mage and defective -log.' line foil -Ind at time of surfacing shall
be handled as described in sentence 2 above
7 ,_
B > Reinforced Concrete. 30" Separate Gutter (Class E Concrete)
Description
This item shall consist of Portland cement 30" separate gutter
constructed in accordance with the, typical curb and gutter
sections included in these specifications and at locations as
shown on the plans or as directed by the Engineer
(1) Subgrade Preparation (See Page V-24)
(2) Reinforcing SteelSee Section 3_ under 'Zaterials of Construction.
(3) Placing
Care shall be taken to tie the _(3) three horizontal #3 bars to
the (3) three vertical V3 bar pins at a point 3" above the bottom.
C. Reinforced Concrete Valley Gutters (Class C and EfConcrete)
Description
This item shall be constructed of Class C concrete for thorough-
fare or collector street valley gutters and Class E concrete for
residential street valley gutters and consists of the construction
of an eight (8) inch concrete slab on thoroughfare or collector
streets or a six (6) inch concrete slab on, residential streets
reinforced with 4 - Number 3 bars. on two (2) foot centers,
(Cross bars shall be '43 bars _4 2 feet long) or with 6" x 6"
6 gauge wire mesh. Fillet areas shall_ be reinforced as shown on
the plans and constructed, to__the, l?nesµand grades as shown on
the plans and as designated by the Engineer. Details of construc-
tion are the same as for curb and gutter where they can be directly
applied.._
(1) Subgrade Preparation (See Page V-24)
(2) Reinforcing Steel See Section 3 under Materials of Construction.
(3) Placing
Care shall be taken. to hold the steel 2"above the bottom, high
chairs or precast concrete, blocks shall be located at _three (3)
foot centers. Lapping distance shall be 40 diameters and the
lap shall be tied at three points with wire if steel bars ,are
used.
V-5
D.
Re;nlorcec Alley: Paving Slab and1lev" teturns(Class E Cor.creLe)
Description
This iter shall consist of reinforced concrete paving of variable
thickness (5" to 7-1;2") constructed in the center 10 feet of
alleys, and shall be constructed of=Cr_ass E' cczcre e. 1311 alley
paving and alley retu,s shall be constructed in accordance to
the Alley Paving Details
(1)
Forming
-
Forms *for alley slab shall be"placed where necessary to iorn the
outside edge of slab (where slab is not bordered by concrete curb
and gutter or other permanent improvements such as buildings,
docks, etc.) and where necessary to form construction and expansion
joints '(See "A11ey Paving Details" on Plans). On all edges,
joints, _etc. to be formed. the forms shall extend the entire depth
of concrete.
(2)
Su' -,)grade Preparation (See Page V-24) _..._..
(3)
Reinforcing
Care shall be taken to securely hold the welded wire mesh 3" above
the bottom of the slab by use of high chairs or pre -cast concrete_
blocks.
Concrete shall not be poured during sandstorms. Concrete shall
be protected to maintain temperatures of not less than .50•degrees F.
for five (5) days after placement. If aggregate and water are
heated, they shallnot`be heated above 90 degrees F. Concrete
shall not be placed when the ambient temperature is less than
40 degrees F. It shall be the responsibility of the contractor a -
to anticipate as nearly as possible changes in weather conditions
-w ieh would effect the placement and protection of the concrete,
and to be prepared to protect. freshly placed concrete when sudden
changes in the' weather make such protection necessary.
(4)
Finishing' -
Concrete shall be deposited so 'as to conform: roughly to the riished
-
cross-section. Sufficient concrete shall be tlaced to allow for
e
shrinkage and extra material for finishing.
-6
T72 Sha✓E and'TlOw line of the c!lev paving Slab iati' bE EStabllShed
, -
by the use of two (2") incr, by four _(4") inch wood screeds, or
Other apDroved removable devices, accurately staked to line and
grade. zf such de-ices are used they shall be in place before the
final finishOf the subgrade anG the SLD gra de Shall be finished
so that the concrete slab w 11 be of the propEr dE;.th. The concrete
shall be "struck o.�fto the
true section and .finished smooth by
floating and troweling. The Tinel finish shall be provided by
brushing to provide a nonskid surface for traffic. Particular care
shall be taken in the final troweling and finishing so that the
finiShed slab presents a smooth straight Surface without waves in
the edge and without pockets in the -flow line.
(5) Curing and Protection
p-11 concrete work shall be covered with burlap or other suitable
material as soon as it has set sufficiently to prevent marking
and kept wet continuously for at least four (L) days. Care shall
be taken to prevent mechanical injury to concrete work during
this period and until the work is accepted. -:ny work damaged
prior to acceptance shall be repaired by the contractor at his„_
own expense and to the satisfaction or the City Engineer.
The City Sanitatnor. Denartment shall be notified of all alle-
___..�..... .........
return and a-, ley paving c0__St UCtion, and 1f DOSS! e the length
Of t':me Saiti returns a2ellEVS Shall be C1o5ed t0 traSflC.
Jor a
The Contractor shall proper .are and arric e al�Ie� returns
and allevs duping the period of construction and as long after-
ward as the engineer may reouire,for curing and achieving strength.
Before opening alley returns to traffic, the con tractor„ -_seal!.,_
properly fill and level by hand, (no maintainer shall be used
until full strength of concrete is achieved), the adjacent approaches
from the street and alley. In all cases, no alley or alley return
shall be opened to traffic Hithcut the approval of the City Engineer.
(6) Removing Forms
Special care is required of the contractor in his removing of
pins and moving of for—n-&- Fins_ shall__be pulled from the ground
to free forms. If ra=ering is found to be necessary a -light,
one (1) pound hammier shall be used. The contractor shall not
place f ornS_ or pins on newly finished concrete. Loading and
unloading of forms from a truck shall be executed by two work-
men.It is the -duty of the contractor to remove any warped Tors
found in anv section of forms, before it is poured. ":yen forms
are pointed out as defective, those fcrms shall then be removed
.From the job site and not returned until they -have been Jnspected
by the engineer.
v -i
(i)
Revlacement of De:a ed Concrete or Concrete Surface
Only patching of Y.,ery ,minor nature vill be allowed in alley
paving. Any substantial damage occurring to the alley paving
prior to the acceptance of the unit in which the damage occurs
will be remedied by removal and replacement of the entire section
or sections of alley pat -in that has been. damaged. Any slab
removed to a joint other than a doweled expansion joint will be
replaced using joint section B=B in the Special Detail Sheets
of these specifications. :.trema care shall betaken by the
contractor during "Setting -lop" period to prevent vandals, .sand
or rain from marring the surface finish to avoid being handled
as described in sentence 2, above.
E.
Reinforced Concrete Mp4iApn Curb (Class A Concrete)
This item shall _aches,
ll consist of re .nforced'concrete slab (6'') ;
thick and may be placed on a'sphalt surface on caliche
base or on asphalt surfaceon concrete base. Median slab shall
be doweled as shown on .:he plans. Details of concrete placement,
X inishing, and curing shall be used where applicable.
(l)
Subgrade Preparation (See.Fage V-24)
F.
Reinforced Concrete Railroec Crossin (Class F Concrete)
i
Description
This item shall consist of the construction of Class F reinforced
concrete as shown on Concrete Railroad Crossing Details. -(File
IJ72-B-92 12)).
(1)
Subgrade Preparation (See Page -V-24) -------
(2)
Reinforcing Steel Bars to be Lsed
Reinforcing steel to be used on this project shall conform to
A.S.T.M. Designation A-432 and shall be deformed to A.S.T.N. 305
requirements.
(3)
Placing
Care shall be taken to hold the (1/2") bars above the bottom of
the foundation slab and above the railroad ties as sho-n on the
pians. In the top slab the vertical and horizontal shall be
securely tied with wire.
G,
Reinforced Concrete Drainage Slabs `(Class A Concrete)
This item shall consist of a concrete slab (5") thick and contaimli-
wire me s!, reinforcing which shall. conform to "Standard Specifications
m
mor Welded Steel Zaire Fabric for Concrete Reinforcement" A51*i
Designation A-185.
.3
A transverse dummy groove contraction joint, as described in
illustration 2-A-1..01, will be required every (13) feet.
(1) Subgrade Preparation (See Page V-24)
H. Concrete Pavement - Class C Concrete
Description
This item shall consist of a pavement of portland cement concrete,
with reinforcement as shown on plans, constructed as herein specified
on the prepared subgrade and one inch of sand cushion or_other base
course in conformity with the thickness and typical cross sections
shown on plans and to the lines_ and grades establixhed by the
Engineer. Concrete shall be considered of satisfactory quality
provided it is made (a) of materials accepted for the job, (b) in
the proportions established by the Engineer and (c) mixed, placed,
finished and cured in accordance withthe,_. requirements of this
specifications and meets the requirements herein specified.
(1) Materials
(2) Cement
The cement shall be Type I or Type III standard brand of portland
cement. If the use of high early strength cement is not specified,
and the Contractor desires to use it,. -he shall obtain written_
permission of the Engineer and shall assume all, additional costs
incurred by the use of such cement. Type I and Type III cement
shall conform to the requirements of ASTM Designation: C150. When
Type III cement is used, the average strength at the age of 7 days
shall be nigher than that attained at 3 days. Either the tensile
or the compressive tests _nay' be used for either type cement. In
addition to the requirements of ASTM _Designation C.150, the specific.
surface area of Type I cement shall not exceed 2,000 square centi-
meters per gram as measured by the Wagner Turbidmeter in accordance
with Test Method Tex -310-D.
(3) Admixtures
Unless otherwise provided in the plans or special provisions,
approved types ofadmixturesto minimuze segregation, to improve
workability, or to reduce the amount of mixing water may be used
in the rate of dosage specified by the Engineer. Admixtures shall
not be used to replace cement. Admixtures shall comply with all
the requirements and be meesured and dispensed in accordance with
�, _
T.H.D. I tem 4 37, "Concrete Admi.xtur es" .
V-9
(4) Coarse Acgrerate
Coarse aggregate shall consist of durable particles of
- crushed stone of reasonably
u��iform quality ttiroughout', free from injurious amounts of
salt, alkali, vegetable Wazter or other objectionable material,
either free or as an adherent coating on the aggregate. it shall
not contain more than 0.25 percent by weight of clay lumps, nor
more than 1.0 percent by weight of shale nor more than 5.0 percent
by weight of lazinated and/or friable particles when tested in
accordance with Test ?ethod Tex-413-A.
Coarse- aggregate shall have a weer of not "more than 45 Dercent
when tested according to Test Method Tex-410-A, and when tested
by standard laboratory'methods shall meet the following grading
requirements:
Retained on 1-3/4„ sieve 0%
Retained on 1-1/2" sieve . . .•• . . 0 to- 5%
Retailed on 3/4" sieve . . . . . . . . 30 to 65%
Retained on 3/8" sieve 70 to 90%
[:
Retained on No. sieve. . . 95 to 100/
Loss by Decantation Test
Nethoa lex: ;06 A 1.0% Maximum
t .411 aggregates shall be handled and stored in such a ma wrier as to
prevent size segregation and contamination by foreign sista:ices.
When segregation is apparent, the aggregate shall be remixed. At
the time of its use, the aggregate shall be free from frozen
material aggregate that contains more than 0.5 percent free
moisture by weight shall be stockpiled for at least 24 hours
prior to use.
Adequate storage facilities shall be provided for all approved ,
materials. The ince%_ixi^€ of nonapproved. u,aterials ti+iti7 approved
materials either in stockpiles or in bins will not be permitted.
Aggregates from different sources Shall be stored in different
stockpiles unless otherwise approved b%= the Engineer.
Aggregates "shall be stockp=iled in such a manner to pr-event segregation
and maintained as nearly as possible in a uniform condition of moisture.
Each aggregate stockpile shall be reworked with suitable equiprent
at such tines as reouired -bv -,'-re Engineer to ip-mix the t3 terial to
_:..
provide uniformity of the stockpile.
(5) Fire Aggregate
Fine aggregate shall Consist of sand or a combination Cf sands,
and shall be composed of clean, hard, durable, uncoated grains.
Unless other._ se shoe. on plans, 'the acid insoluble residue of
the fine aggregate shall be not less than 28 percent by weight
when the tested in accorda.ice with lest Method Tea: -612-J.
(6) Fine Aggregate Exclusive of_T:ineral Filler
Fine aggregate shall be free from injurious amounts of salt,
alkali or vegetable Witter. It shall not contain more than
0.5 percent by weight of clay lamps. When subjected to the
color test for organic impurities, Test Method Tex -408-A, the
fine .aggregate shall not show a color darker than,. ,the standard.
Unless specified otherwise, fine aggregate shall meet the following
grading requirements:
Retained on 3/8" sieve . . . . . 0%
Retained on No. 4 sieve 0 to 5%
Retained on No. 8 sieve 0 to 20%
Retained on No. 16 sieve . 15 to 30%
Retained on No. 30 sieve35 to 75%
Retained on No 50 sieve
Retained cn No. 100 sieve 90 .to 100%
Retained on No. 200 sieve 97 to 100%
Fine aggregate will be subjected to the Sand Equivalent Test
(Test Method Tex -203-F). The sand equivalent value shall not
be less than 80,,, or less than the value shown orthe plans,
whichever is greater.
(i) Mineral Filler
Mineral filler shall consist of clean stone dust, crushed sand,
crushed shell or other, approved inert material. When tested in
accordance with Test Method Tex -401-A, it shall. meet the,_
following requirements
Retained on No. 30 sieve 07.
Retained on No. 200 sieve 0 to 35%
At the time of its use the mineral ller shall be free from frozen
material, and aggregate COntalning forei gn material -,ill be rejected.
. V_ 1 -
( )
"fixing Water
Water for use in concrete and for curing shall be free from oil,-
acids, organic utter or other deleterious substances and shall
not contain more than 1,000 Darts per million of chlorides as
C1.nor wore than 1,000 parts .per million of sulfates as SOL.
Water from municipal supplies approved by the State health Department
will not require testing, but water from other sources will be
sam—Pled and tested before use.
Tests procedure shall be in accordance with A-LSEO Designation:
T 26.
(9)
Steel Dowel Bars`
Steel bar dowels, if used in accordance with provisions of project
pl., shall be of the size and type plans, p indicated on plans and shall
he open-hearth, basic o>rygen or electric-furnace steel cenfc ging
to the mechanical properties specified for grade 60 in ASTM
Designation: A615. The free end of dowel bars shall be smooth
and free of shearing burrs. -
(10)
Steel Reinforcement
Un-less otherwise shoe-., on the plans, steel reinforcing bars as
,. �
required includin2
ng the tie bars shall 1 be open-hearth, basic =,, gen
or electric-furnace new billet steel of Grade 60 or Grade 40 for
concrete reinforcement. Bars that require bending shall be.
Grade 40 conforming to requirements of ASTM Designation: -A-615.
Eigh yield reirforcing•steEl shall be either (1) open.-hearth, basic
oxygen or electric-furnace new billet steel conforu—,ing to the
requirements'of AISTM Designation: A-615 Grade 60 or (2) rail steel '
bars for concrete reinforcement, conforming to the requirements of
AST? Desi ation: A-16 Grade b0 _.
-gn� (Bars produced by piling
method will not be accepted.
�: sere prefabricated wire bets are specified or per-fitted, the wire
shall be -cold worked steel wire conforming to the requirements of
ASTM Designation: A 496, except that steel shall be made by open-
hearth, electric-furnace, or basic oxygen processes. The prefab-
ricated wire mats shall confor: to the requirements of ASTM Desi—
nation: A 497, its that have been bent or :.fres dislocated or
parted during shipping or project handling shall be realigned to
within one-half inch of theerignal horizontal plane of the rat.
Mats with any portion of the wires out of vertical alignment more
than one-half inch after realignment ana/or wires dislocated or
--u tileted s that, in the opinion. of the E�g,* er, t1h' do not
re:resent the original fiat, shall be rejected. T,-)E ^a:S EN' bE
clamped or wilred so that the mats will retain the horizontal and
.`
Yertic align�.ent as specified by the plans or as approved by the
Engineer'. Deformed wiref `may be used
_ for tie pars and load transfer
',ars that recurre bending.
v7hen fabricated steel bar Or rod -mats are Specified, the mets Shall
meet the requirements of AS_'.Designaticn: Q-184.
(11) Mechanical Vibratory Eouiprer.t
All concrete placed for paveL:ent shall be consolidated by approved
mechanical vibrators and designed to Vibrate the concrete internally.
The internal type will be used for full-depth placement. Vibratory
members shall extend across the pavement practically to, but shall
not come in contact with the side forms 1--ec'lanlca ly-Operated
vibrators shall be operated in such r,anner as to not interfere c th
the transverse or longitudinal joints.
Separate vibratory units shall be_operated .at sufficiently close
intervals to provide uniform vibration and consolidation to the
entire width of the, pavement. The frequency in air of theinternal_
spud type vibratory units shell be not less than 8,000-cycles per
minute and not less than 5,000 cycles per minute for tube types and
the t,ethod of operation shall be as directed by the Engineer. The
Contractor shall have a satisfactory tachometer available for
checking the vibratory elements."
The pavement vibrators shall not be used to level or spread the
concrete but small be used only for purposes of consolidation.
The vibrators -will not be operated where the surfaceof the concrete,
as spread, is below the elevation of the finished surface of the
pavement,except for the first 1_ft "of concrete -..here the double
strike off oaf method of placement is employed, and the vibrators
shall not be operated for more than 15'seconds while the machine
upon which they are installed is standing still.
Approved hand manipulated mechanical vibrators shall be furnished '
in the r.ber_„_required for provision_ of proper consolidation of
the concrete along forms, at joints :and in areas not covered by
:mechanically controlled vibrators. These vibrators shall be
sufficiently rigid to insure control of the operation ositian N
o� p of
the vibrating head.
Complete and satisfactory consolidation of the concrete pavement is
a most important requirement of this specification., Cores taken
11-
shall be carefully eaained_for voids, :honeycombing or other
evidence of incomplete consolidation. If such evidence is present,
changes in the consolidation procedures and/or equipment will be
0
made to insure satisfactor; consolidation.
(12) Finishing Equipment
Where hand finishing is permitted under this, specification, the
Contractor shall provide a strike template and tamping template
both of 4 by 10 inch lu-hEr or equivalent metal section and at least
2 feet longer' than the width of the pavement. Both ter.plates shall
conform to the cro,-n section of the pavement, and the, tamp, if Of
wood, shall :love 2 steel face not less than '1/8 inch in thickness.
:.he Contractor shall also provide a langftudfna! float of approved
feet in length..
design and iiOt less than 14
Unless otherwise specified on plans, the Contractor shall furnish
a seamless burlap drag for finishing the pavement. The burlap
drag shall -consist of four or bore ' plies of '10 -ounce burlap
fastened to a bridge to form a continuous strip of burlap the full
width of the pavement and with approximately three feet of its
widthin contact with the pavement surface To increase texture
depth, the Engineer may require removal of transverse threads from
the trailing six to twelve inches of the drag Burlap drags shall
be maintained clean and free of encrusted mortar
The contractor shall furnish, operate and maintain`'at least two
standard 10 -foot steelstraightedges.
The Contractor, shall furnish a sufficeint number of bridges equipped
to span the pavement for finishing operations and for the installation
and finishing of joints and center stripes. All necessary finishing
and edging tools shall 'be furnished`as may be required to, complete
the pavement in accordance with plans .
. (13) Proportioning of Concrete
Concrete shall be composed of Portland cement, fine aggregate,
coarse aggregate, mineral filler and/or admixture if used and
water, mixed in the proportions designed by the Engineer and
in the manner set forth in this specification. On the basis of job
and laboratory investigations of the ;proposed materials, the
Engineer will fix the proportions by weight of water, coarse
"aggregate,` fine` aggregate, cement, admixture and mineral filler
where required, in order to produce concrete of the specified
strength and workability. _
(14) Concrete Strength
The concrete mix will be designed with the intention of producing
a minimum average flexural strength (Modulus of rupture) of 600
pounds per square inch and compressive strength of 3000 psi at
7 days and/or a 28 day compressive strength of 3,600 pounds per
square inch. The coarse aggregate factor (dry, loose volume of
coarse aggregate 'per' unit volume of concrete) shall not exceed
0.83. unless otherwise shown on plans the concrete shall contain
not less than six sacks of cement per cubic yard of concrete. The
water -cement ratio t(net gallons of water per sack of 94 pound cement)
shall not exceed 6.0 gallons/sack. Concrete specimens shall be
prepared, cured and tested as outlined in THD Bulletin C-11
V-14
(15) Workability of Concrete
Concrete shall be uniformly plastic. cohesive and workable. Igor ab i e
concrete is defined as concrete which can be placed without honey-
conb and without voids in the surface of ..the pavement. Workability
_.
shall be obtained without -producing a condition such that, free
nater appears on the surface of the slab vneri being finished as
specified. d,nere water appears on the surface of the concrete
after finishing and this condition cannot be corrected by reasonable
adjustment in the batch design, the bleeding will be,Wmediately
corrected by one of the folloking measures or a combination of two
or more of the following listed measures
(a) Redesign of the batch
(b) Addition of mineral filler to fine aggregate
(c) Increase of cement content
In the event tha_ the measures _taker. do not eliminate the bleeding
immediately, concrete placement operations -»Till be suspended, as
directed to the engineer, and will remain suspended, until such
tiie as additional trial —axes demonstrate that a non bleedlrg
batch design has been achieved. Fai-ling to achieve a satisfactory
laboratory batch desig-L. the Contractor will be _required to use
different materials and to s '=it samples thereof for additional
trial mixes and pilot beaus as specified in THID Bulletin C-11.
The mid will be designed with the intention of producing concrete
which will have a slump of 1-1/2 inches when tested in accordance
with THD Bulletin C-11. The slump shall not be less than 1 inch
nor more than 3'inches.
(lb) ?`;ix Design
Prior to the beginning of concrete placement, and thereafter before
any change in source or characteristics of any of the ingredients
except mineral filler, sufficient compression tests using various_
quantities of cement and aggregates proposed for use shall be
supplied the Engineer .for consideration.
Ydxes will 'be designed and made in sufficient number to represent
- a wide range of water -cement_ ratios.. These ruixes shall comply
with the requirenuents herein prescribed for workability. From
these preliminary tests the tater-cement ratio required to produce
concrete of the specified strength will be selected _ by the Engineer.
The Contractor may at any time present in -writing a suggested mix
design and the Engineer will make the test negessar;- to determine
its acceptability under these speCifiCaLiCi, requirements.
V-15
For mixing the concrete to be used in making the preliminary test
specimens, .the Contractor shall furnish and operate the .mixer
approved for use on this project. A minimum one cubic yard
batch shall be mixed or a batch of sufficient size to afford
proper mixing, whichever is the greater. In lieu of the above
mixerand procedure, the Contractor may furnish a portable mixer
of sufficient rated capacity to mix a minimum three -sack batch;
in which case, the batch mixed for the preliminary test shall "not
be less than the rated capacity of the mixer furnished.
No additional compensation will- be allowed ' for "'equipment, materials
,or labor involved in making preliminary test specimens.
After the mix proportions and water -cement ratio -required to produce
concrete of the specified strength have been determined, placing
of the concrete may be started
Type I cement shall have a specific surface area 11 within a range
of 1,600 to 1,900 square centimeters per gram. A change in the
specific surface of the cement of more than 100 square centimeters
per gram may require a new mix design.
(17) Subgrade and Forms
Pre -Dara tion of Suberade .
Rolling and sprinkling shall be performed when and to the extent
directed, and the roadbed shall be completed fo or above the plane
of the typical sections shown on plans and the "lines and "`grades
established by the Engineer.
Drainage of the roadbed shall be maintained:. -,at all times Sealed
or treated subgrade cut in the preparation of the subgrade or
setting of pavement forms shall' be resealed or `the subgrade restored
to the original condition as directed by, -the Engineer. See
Page V-24.
The subgrade shall be maintained in a smooth, compacted condition'
in conformity with the recuired section and established grade until
the pavement is placed and shall be kept thoroughly wetted down
sufficiently in advance of placing any pavement to insure its being
in a firm and moist condition for at least 2 inches below the pre-
pared surface. 5ufficient subgrade shall always be prepared in
advance to insure satisfactory prosecution of the work. No equip-
ment or hauling shall be permitted on the prepared subgrade, except
by special permission of the Engineer, which will be granted only
in exceptional cases and only where suitable protection in the
form of two-ply timber mats or other approved material is provided.
V-16
(18) Placing and Removing Forms
The subgrade under the forms shall _b,e firmand cut true to grade
so that each form section when placed will be firmly in contact _ _
for' its whole length and base width, and exactly at the established
grade. Forms shall be staked with at least three pins for each
10 -foot section. A pin shall be placed at each ,side of every joint.
Form sections shall_,__be tightly joined and keyed to prevent relative
displacement. Forms shall be cleaned and, oiled each time they are
used.
Forms shall be set for a I sufficient,distance in zdvance of the point
where concrete is being placed to permit a finished and approved
subgrade length of not less than 300 feet ahead of the mixing.
Conformity of the grade and alignment of forms shall be checked
immediately prior to placing concrete, and all necessary corrections
made by the Contractor. Where any form has been disturbed or any
subgrade becomes unstable, the form shall be reset and rechecked.
In exceptional cases, the Engineer may require stakes driven to the
grade of the bottom of the forms to support the equipment operated
thereon and to withstand its_ _vibration without springing or settle-
ment shall be required. If forms settle and/or deflect over 1/8
inch under finishing operations, paving operations shall be stopped
and the forms shall be reset to line and grade.
Forms shall remain in place for not less than 12.1ours after the
concrete has been placed. They shall be carefully removed in such
a manner that little or no damage will be done to the edge of the
pavement. Any damage resulting from. this _operation shall be imme-
diately repaired. After the forms have been_ removed, the ends of
all joints shall be cleaned, and any honeycombed areas pointed up
with approved mortar. Immediately after pointing is complete, the
form trench, if used, shall be filled with earth from the shoulders
in such manner as,to_shed water from rainfall or curing away from the '
edge fo the pavement. On completion of the required curing, the sub -
grade or shoulders adjacent to the pavement shall be graded in a
condition to maintain drainage.
Allowable grade revisions shall in no way affect the governing
finishing and surface requirements of the completed pavement.
A11 grade revisions shall be established by the Engineer. No
additional payment over the contract unit price will be made
for any pavement of a thiclmess exceeding that required on the
plans as a result of adjustment of the forms.
V-17
I.
Concrete Mixing and Flacin
(1)
IVJ.ixing
The aggregates, mineral filler if required, cement and water
shall be measured separately. - introduced into the mixer, and
mixed for a period of not less than 50 seconds nor more than
90 seconds, measured from the time the last aggregate enters
the drum to the time discharge of the concrete beings. The
recuired water shall be introducedinto the mixing Drum during
the first 15 seconds of'mixing. The entire contents of the
drum shall be discharged before any materials of the succeeding
batch are introduced
The Engineer may increase the minimum mixing time to that
necessary to produce thoroughly mixed,concrete based on
inspection or appropriate uniformity tests. The mixing time
may be varied at any time as nEcessa-.,v to produce acceptable
concrete.
If Ready -?mix concrete is used, the concrete shall be discharged
into the specified 'hauling equipment and delivered to the road
site. if truck agitators are used, the concrete shall be
continuously agitated at not less than one nor more than six rpm
as directed by the Engineer,.
The initial batch of concrete mixed after each time the mixer
is washed out shall be enriched by additional mortar. The
•
additional mortar shall be one sack of cement and three parts
of sand.
(Z)
Placing
Any concrete not placed as herein prescribed within 30 minutes
after mixing shall be rejected and disposed of as directed
except as provided otherwise herein. Except by specific written
-.
authorization of the Engineer,'concrete shall not be placed when
the temperature is below 40 F, the temperature being taken in
the shade and away from artifical heat.
Vhen such perr:,ission is granted, the Contractor shall furnish an
approved enclosure, such as canvas -covered framework, to enclose
and protect all pavement so placed, and shall maintain the
temperature of the air surrounding the concrete at not less than
50 F for not less than. days. "i,hen concrete is being placed in
cold weather; other than undier the conditions stated above, the
Z,_ 18
ContracLolshall have available a sufficient supplz' Of an
aa-proved Covering material to. inmediately protect concrete if
the air tem-perature �a1?s to 32 F, Or below, before concrete
has been placed 4 hours. Such protection shall remain in place
during the -period the temperature continues below 32 F or for
a period of not more than-5 days. neither salt nor other
chemical admixtures shall be added to'the corcre_te to prevent
freezing. the Ccntractor shal.l be responsible for the.gllity
and strength Of Concrete. under cold -veather ccnditions and any
concrete damaged by freezing shall be 'removed and replaced at
his expense. Concrete shall not be placed before sunrise and
shall not be placed later than will per-,it the finishing of the
pavement during sufficient natural light.
Concrete shall be placed onIN, on approved subgrade or subbase,
and unless other-,-ise indicated on plans, the full width of the
pavement shall be constructed monolithically. The concrete shall
be deposited on the subgrade or subbase in such manner,as to
require as little rehandling as possible. Where hand spreading
is necessary, concrete shall be distributed to the required depth
by use of shovels. The use of rakes a it not be-perrilitted. Work-
. _._ _ a
-men will not be permitted to walk in the concrete with any earth
' r ' shoes. The placing of
or foreign material on their boots or _
concrete shall be rapid . and 'continuous • _
Concrete shall be cistributed to such depth that when consolidated _
and finished, the slab thickness required by plans will be obtained
at all points and the surface shall not, at Pry point, be below
the established grade. Special care shall be exercised in placing
and spading concrete against forms and at all joints to prevent ;
the forming of honeycombs and voids.
If in the opinion of the ngineer, the temperature, wind and/or
humidity conditions are such that the Quality of the Concrete will
not be adversely affected, the specified placing time may be
extended to a ,m,. aximum of 45 _mi-nutes .
(3) Reinforcing Steel
All reinforcing steel, including steel wire fabric reinforcement,
tie bars, and _dowel bars s«1l be accurately placed and secured in
position. in accordance kith details shown on plans. Reinforcing
bars shall be securely wired together at alternate intersections,
Coll a pat�ern approved by the ErIgineering,'and at all splices,
L.
shall be securely wired to each dowel intersected. �; en wire
fabric is used, it shall be securely wired together at all splices
and to each dowel intersected. Tie _bars shall be installed in the
reaUired position by the method and device szo--•n on plans or by
approved method and device eeuivalent thereto.
Tightly adhered scale or rust knich resists removal by vigorous
wire brushing need not be removed except that excessive loss of
section to the reinforcement due to rust shall be caused for
rejection. Excessive loss of section shall be defined as loss
of section to the extent_ that the reinforcement will- no longer
meet the physical requirements for the size and grade of steel
specified.
Where plans require an assembly of parts at pavement joints, the
assembly shall be completed, placed at required location and
elevation, and all parts rigidly secured in requirr- Ied position
by the method and devices shown on plans. Dowel bars shall be
accurately installed in joint assemblies in accordance with' plans,'
each parallel to the pavement surface and to the center line of
the pavement, and shall be.rigidly secured in required position
bysuch means (as shown on plans) that will prevent theirdisplace-
ment during placing and finishing of the concrete.
(4)' Joints
krnen the placing of concrete is stopped, a bulkhead of sufficient
cross sectional area to prevent deflection, accurately notched to
receive the load transmission devices or dowels if required,
and shaped accurately to the cross section of the pavement shall
be provided and installed as a back-up for thea joint filler and
rigidly secured in required position to permit accurate finishing
of the concrete up to the joint. After ccncrete has been finished
to the joint, formation of the joint seal space and finishing of
the joint shall be executed. The back-up bulkhead shall remain
• in place until i=ediately prior to the time when concrete placing
is resumed, when it shall be carefully removed in such manner
that no element of the' joint assembly uri ll be disturbed. The
exposed portion of the joint assembly shall be free of adherent
concrete, dirt or other material at the time placing of concrete
is resumed.
If necessary= for proper installation of joint sealer, excessive
spalling of -the joint groove shall'be'repaired to the satisfaction
of• the Engineer in the manner -Tnich he prescribes.
Careful workmanship shall be exercised in the construction of all
joints to insure that the concrete sections are completely separated
by an open joint or by the joint materials and to insure that the
joints will be true to the outline indicated.
(5) Weakened Plane Joints
Weakened plane joints shall consist of transverse contraction joints
and longitudinal joints and shall be 'formed or sawed' as specified
on the plaits or as directed bt' the Engineer. ;- ^.E i t!?E' joints are
sawed, the saw shall be pc -. e: driven, shall be ranufactured
especially for the purpose of saving concrete, and shall -l' be capable
of performing- the work. Saw blades shall be designed to make
a clean smooth cut having a width and depth of cut as detailed
on the plans. Tracks adequately anchored, chalk, string line
or other approved methods shall be used to provide true alignment
of the joints. The concrete saw shall be raintained in good
operating condition and the Co -tractor shall keep .a .stand -bar
power saw on the project at all times when concrete operations
are under way.
If membrane curing is used, the portion of the seal v'riich has
been disturbed, by sawing operations shall be restored by the
Contractor by spraying the areas with additional curing seal..
(6) Contraction Joints
Transverse contraction joints shall be formed or sawed joints"
perpendicular to the centerline and surface of the pavement.
Where sawed joints are used, contraction joints at approximately
15 -foot intervals shall be sawed as soon as sawing can be
accomplished -without damage to the pavement and be -ore 24 hours
after the concrete has been placed, the exact time to be approved
by the Engineer. The remaining contraction joints shall be
sawed in a uniform pattern as directed by the Engineer, and they
shall be completed before u^controlled cracking of the pavement
takes place. All joints shall be completed before permitting
traffic to use the pavement.
(7) Lon;itudinal Joints
Longitudinal joints shall he sawed when required by the plans
from two -to seven days after construction of the pavement. Sawing`
shall not cause damage to the pavement and the _groove shall be
out vith a*mini um of walling. No traffic (including construction
traffic) shall be permitted or, the pavement until the longitudinal
joint is cut.
(8) Joint Sealers
After the joints in the,hardene6 concrete have been repaired (if
necessary) and cleaned to the satisfaction of the Engineer. The
joints will be the filled with the W. R. Meadows -sof seal.
_. v . ....
After the sealant is installed it will effectively seal
the joints against water, dirt and stones throughout repeated
cycles of expansion and contraction.
(9) Asphalt Board
Pre -molded materials, wherever used, shall be anchored to the
concrete on one.side of the joint by :weans of copper wire or nails
not Tighter than. i:o..12 B & S gage. Such anchorage shall be
"sufficient to overcome the tendency of the material to fall our
of the j pint.
V-21
a
(10) Spreading and Finishing
A11 concrete pavement shall be consolidated by a mechanical vibretor.
As soon as the concrete has been spread between the for --s, the
approved mechanical vibrator shall be operated to consolidate the
concrete and remove all voids_ 'Hand manipulated vibrators shall be
used for areas not covered by the mechanical vibratory unit.
After finishing is complete and the concrete still workable, the
surface shall be tested for trueness with an approved 10 -foot steel
straightedge. The straightedge shall be operated from the side of
the pavement, placed parallel to the pavement centering and passed
across the slab to reveal anv high spots or depressions. The
straightedge shall be advanced along"' the- pavement in successive
stages -of not more thari one-half its length. Practically perfect
contact of the straightedge with the surface will be required, and
the pavement shall be levelled to this condition, in order to insure
conformity with the surface test required _after the _pavement has
fully hardened. Any correction of the surface required shall be
accomplished by adding concrete if required -,and by operating the
longitudinal float over the area. The surface test with the
straightedge shall then be repeated.
After completion of the straightedge operation, the first pass o
the burlap drag shall be made as soon a.s construction operations
permit and before the water sheen has disappeared from .the surface.
This shall be'followed by as ,many passes as required to produce
the desired texture depth. There shall be no unnecessary delays
between passes. The drag 'shall be wet during use and maintained
clean and free from encrusted mortar. It is the intent that the
average texture depth resulting from the number of tests directed
by the engineer be not'less than 0.025 inches with a minimus texture
depth of 0.020 inches for any one test. Should the texture depth
fall below that intended, the finishing procedures shall be revised
to produce the desired texture
The Contractor shall have available at.all times hand brooms with
stiff bristles for the purpose of' providing textures when the 'pave-
ment
ave-meet surface is in such a condition that the burlap drag or other
methods being employed will_not provide the desired texture.
After completion of dragging and about the tine the concrete becomes
hard; the edge of the slab and joints shall be carefully finished
as directed by the Engineer, and the pavement shall be left smooth
and true to line.
t1-22
(11) Protection, of -Pavement and Opening to Traffic
The Contractor shall erect and maintain the barricades required by
plans and such. other standard and approved devices as will exclude
:public _traffic dna traffic of his his employeesoyees and accents from the
newly placed pavement for -the periods of tine and at„locations
hereinafter prescribed by the Engineer. Portions of the roadway,
or crossings of the rcaaoed required to be ma-nta-Med open for
use by traffic, shall not be obstructed by the above required
barricades.
The pavement shall be closed _to all traffic, including vehicles
of the Contractor, until the concrete is at least 7 days old. This
period of closure to all traffic may be extended if, in the opinion
of the Engineer, weather or other conditions mage it advisable to
provide an extension of the time of protection.
At the end of the 7 day period and as,l.ong thereafter as ordered
by the Engineer, and if so desired by the Contractor, the pavement
may be opened for use by vehicles of the Contractor provided the
gross weight (vehicle plus load) of such vehicles does not exceed
24,000 pounds. Such opening, ho»,ever, shall in no manner relieve
the Contractor from his _responsibility, for the work. On those
sections of the pavement thus opened to traffic, all joints shall-
first
hallfirst be sealed, the pavement cleaned, and earth placed against the
pavement edges before peri tting vehicles thereon.
After the concrete in any section is 14 days old, or as long
thereafter as orde,red by the Engineer, such section of, pavement may
be opened to all traf ic'as,requ red by pians or when so -directed
bythe Engineer. on those sections of the pavement thus opened to
}
traffic, all joints shall first be sealed, the pavement cleaned,
earth placed against the pavement edges and all &T --her work performed
as required for the safety of traffic.
Vhen High Early Strength Concrete, resuiting fro: the use of Type
III cement as required by pians or special provisions, is used,
the pavement_ Vinay be opened to all. traffic after the, concrete is:,
7 days old, -or as long thereafter as ordered by the Engineer,
subject to the sane provisions. governing the opening after 14 days
as above prescribed.
Where the Contractor desires; to apove any equipment not licensed for
operating on public streets, on or across any pavement opened to
_ r c, he shall -From a g
L-afl1l protect the pavement 1' aaTa e by means Of
two-ply timber mats of 2 inch stock or runways of heavier material
layer of ea_ =
laid on a r`all as approved by the Ezgineex.
: �h,
.
v-23
The Engineer" may require the opening of pavement to traffic,
prior to the minimum time specified above under conditions of
eL:ergency .- hich in his opinion require such action in the interest
of the public. In no case shall the Engineer order opening of the
paver,ent to traffic within 'less than 72 hours after the last con-
crete :Lr, the section is placed._. The Contractor shall remove all
Obstructing ::,atericis, place earth against the pavement edges and
perforn other work involved in providing for the safety of traffic
as required by the Engineer in ordering emergency opening. Orders
.for emergency opening of the pavement to traffic will be issued by
the Engineer in writing.
2 ,
EAR -Th WO
A. Subgiade Pretarztion for curb .and cutter, streets, paves (asphalt
acid concrete) alley returns, alley paving, valley gutters, and
earth work.
Description
Sub -grade preparation shall include the removal, haul and disposal
Of all obstructions, including existing curbs,gutters, paving =at-
erials, base materials, concrete slabs and Other obstructions Shown
on the plans or as designated by the Engineer and all scar-ifyirg,
pulverizing, wetting, disking, blading and rolling ti.-ith compactors
to a depth of at least 6,., on, residential streets and to a depth of
l Z" on_ma jor thoroughfares and collector:; streets. Compactors will be
used -from the bottom to the finished sub -grade elevation _to cnnpact - '
' the subgrade to 95% Standard Proctor Density (A.S.T.N. D-698) in
conform-ity.to'the line, grade and sections as shown on the plans or as
established by the Engineer.
pester the obstructions have been removed, or is conjunction with
such removal, the street bed and/or alley return foundation and/or
side ;ilk foundation shall be excavated and shaped in conformity
with the typical sections and to the line and rad
9P� grades'as shown on
the plans or as established by the Engineer.
All unstable -or otherwise objectionable material sliall be removed._.:,A...
from the subgrade and replaced kith approved material. The
excavation shall be done in such a canner as to require a minimum
of fill to bring the subgrade to the correct elevation. t+Then
the subgrade is too low as initially excavated, the contractor
shallplace additional soil or caliche in layers not exceeding
four (4") inches and compact each layer by moistening and
rolling,
(1) Scraper Work
The'ut:Llization of a scraper for excavation and shaping of "subgrade
and base is permitted with exceptions -hich are determained by depths
OL utility lines. Lless ctner�ise specified by tre engineer, the
scraper shall not exceed 23 cubic yards capacity as rated loaded
flushby the manufacturer.
r .,
(2) Z1, sten 2[A])
Co�actlon (See Section
the subgrade will be wetted and roller to secure 95% Standard
Proctor Density. Before placement of the base -and/or curb
.
and gutter and/or concrete valley gutter and/or alley return slab
anal/or sidewalk, the subgrade will be chec'ked„„by test rolling six
(6) tines or more if required by -the Engineer with .a self --propelled
• roller weighing not less
than 35 tons: Any soft of unstable spots
found by test rolling will be corrected by removing the soft or
unstable material and replacing it with suitable soil compacted to
95% Proctor Density. The areas so corrected shall be test rolled
as specified above,.
(3) Intersection
Special care shall be exercised in grading street intersections
where dips are locetec so that the cross profiles present a
smooth riding surface and so that the compacted base thickness_
will not be less than six (6") or nine (9"). Crown section shall
begin to decrease 60 feet back of end of radius for residential
streets. For wider streets dips will be blue topped as shown on
the detail sheet.
(4) Prosecution of the L•3ork
The contractor may proceed with subgrade preparation on any
schedule he may select except that, unless hindered by factors
_.
beyond his control, not more than seven (7) calendar days shall
elapse between the time. subgrade preparation is begun and the
spreading and compacting of the caliche base. Measures shall
be taken by the contractor not to leave driveways apassable '
during the night hours.
(5) Excess Materials
Yaterials excavated in excess of that needed in fill and backfill
behind curb and shall be wasted by the contractor. Care shall be
taken by the contractor to use only topsoil in the backfill behind
the .curbs. _ThE contactor alar dispose of the surplus excavated
material_ in. ane manner not objectionable to the public, and it is
his responsibility to located a„suitable site for dumping the waste
excavation. In any event, the contractor. shall not dispose of the
surplus materials in any of the lake areas either outside or within
the city limits. Location of disposal sites rear any lake area must
be approved by zhe Engineer.
V-25
(6) Subgrade for Alley Paving (See Peae IV -24
The preparation of the subgrade for concrete alley paving shall
be -done in the same manner as "oti;er subgrade excavation which
requires scarifying, Vetting, disking, blading, rolling, and
cc=,? acting. The contractor will be required to excavate_ around
existing improvements such as gas' meter, water meters, poles,
etc. Each of these obstructi ens shall: be the responsibilit= of
the Contractor. Trees that conflict with the improvements shall
be removed by the contractor upon approval of the engineer.
The contractor shall shape to su5gra6e for the cross-section shown
on -the plans and to the lines and grades established by the
engineer. !after the forms are set and before the reinforcing is
placed the contractor shall finally shape the subgrade so that
there' will be a minimum thickness of concrete of five (5") inches
at the centerline and 'seven and one-half incyes 0-1/2") inches at the
outside edges. All areas where fill material is required shall
be compacted. The subgrade shall be wetted and rolled to secure
90% Proctor Density in the -upper six (6") making a -firm foundation
for the alley paving.
The contractor will be required to shape the portion of the alley
outside of the !a*' of the concrete slab so that all drainage in
the alley will be to the invert of the concrete slab. Excess
excavated materials shall be hauled to.any approved location.
B. Embankment - --
Description
Prior to placing any embankment, all "Preparing Right -Of -Way's `
and/or "Clearing and Grubbing" operation shell have been completed
on the excavation sources and areas over which the embankment is
to be placed. Stump holes or other small excavations in the
limits of the embankments shall be backfilledwi E suitable
material and thoroughl* tan -.)ed by approved methods before
ca=nencing embankment construction. The surface of the ground,
including plowed loosened ground, or surface roughened by small
washes or otherwise, shall berestored to approximately its original
slope by b tiding or other methods and, where indicated on plans or
required by the engineer, the grown -6 surface thus prepared shall
be compacted by sprinkling and rolling. _.
Vhere embankments are to be placed adjacent to or, over existing
roadbeds, the roadbed slopes shall be plowed or scarified to a
depth of not -less than six (6") inches and the embankment built
UP in successive lavers, as he-eiinafter specified, to the level
of the old roadbed before its height is increased. 'Then, if
directed, the top of the o_c Zoacbea s.,a_l be scari-_ed and
reco_)actea with the lie}:t layer of the new ezban hent. The total
Depth of the scarified and added :..ateriel shall not exceed the
permissable depth of layer.
-26
Trees, st=,"ps, roots, vegetation, Cr ct1?er unsuitabl2 materials
shall not be placed in embankment. _
Except as otherwise recu:ired by the plans, all embankment shall
a
be constructed in iayErS appro_-x _mately parallel to the finished
grade of the roadbed and u-nless otherwise specified each layer
shall be so constructed as to provide a uniform slope of 1/4"
inch per foot from the center line of the roadbed to the outside.
Embank-entS Shall bECOnSt=uCtEd to the grade established bythe
and completed emDankmentS shall corresaoL.d to the general
shape of the typical sections shown on_ „the plans and each section
of the' embankment. shall correspond to the detailed section or
slopes established by the engineer.. After completion Of the road
-
w it shall be continuously maintained to its finished section
x �,..,., -„.,
and grade until the ,project is accepted.
Except as otherwvise specified, earth embankments shall be =
constructed in successive lavers for the full v7ldth Of the
individual roadway cross section and in such lengt'ns as are.best
suited to the sprinkling and compaction methods utilized.
Lacers of embankment may be formed be nti� izir_g equipment' which
will spread the ,aterial as it is camped, or they may be formed
by being spread by bladirg or other acceptable methods from piles
Or �+TindlOWS d lmped frOTi Excal%aC1ng Or 7aliling equipme In such
a7ounts that material is e--.eniy distributed.
liinor quantities of rock enco-o-ntered in constructing earth embank-.
me-rit shall .be incorporated in the specified embankment layers, .
or may be placed in accordance :-ith the requirements for the
construction of rock embankments in the deeper fills within the '
limits of haul shown on the plans, provided such placement of
rock is not immediately adjacent to structures. Also, rock may
be placed in the portions of embankments outside the limits of
the completed roadbed width where the size of the rock prohibits
their incoraoration in the no=nal embankment lavers.
Each layer of embankment shall be uniform as to material, density
and moisture content before beginning Compaction. t,'here isyers of
unlike materials abut each other, each layer shall be feather -
edged for at least 100 feet or the material shall be so ixed as
to prevent abrupt Changes in the soil. ivo material placed in the
embankment by d=uping in a pile or windrow shall be incorporated
in a laver in that pOSitio�, but all such piles Or vrindrows shall
be moved by blading or si=iiar methods. Clods or lu-:rrs of material
shell be broken and the embankment u;aterial mixed by blading,
disking, or similar methods to the end that a uniform maierial
or' .uniform density- is secured in each laver. .:iter required for
sprinkling to bring the material to the moisture content necessary=
for maxinum ctmpaction shall be evenly applied and it shall be
the responsibility Of the ,contractor to secure a uniforfi moisture
content throughout the layer by such methods as may be necessary.
In order to facilitate uniforu-ening of the e^_�)ankment material,
the contractor shall water at the material source if the sequence
and methods used are such as not to cause an undue waste of water.
Such procedure shall be subject to the approval of the engineer.
(l) Compaction
The compaction method shall require that each layer shall be
compacted to the required density by any method, type., and size
of equipment which will give the required compaction. The depth
of lavers, prior 'to compaction, shall depend upon the type of
sprinkling and compacting equipment used. Prior to and in
conjunction with the rolling operation, each layer shall be
brought to the moisture content necessary to ;obtain the required
density and shall be kept leveled with suitable equipment toN
insure uniform:: compaction over the entire layer.
For each laver of earth embankment and select material, it is
the intent of this specification to provide the density as
required herein, unless otherwise'shoc-n on the plans. the
required compaction shall be 105% Standard> Proctor Density
A.S.T.M. D-698.
After each section of earth embankment or select material is -
complete, tests as necessary,vil1 be made by the engineer. If
the material fails to meet the density specified, the course
shall be reworked as necessary to obtain the specified compaction,
or the compaction_ method shall be altered on subsequent work to
obtain specified density. Such procedure shall be determined by,
and subject to, the approval of the engineer.
At any time,. the €ngineer may order proof rolling to test the
uniformity of compaction of the embankment subgrade. All
irregularities, depressions. .,7e-.. or soft spots which develop
shall be corrected immediately by the contractor.
Should the subgrade',. due to any reason or cause, lose required
stability, density, or finish before the pavement structure is
placed. it shall be recompacted and ref_n--shed at the sole
expense`of the contractor. Excessive loss of moisture in the
subgrade shall be prevented by sprinkling, sealing, .or covering
with a subsequent lay=er of gran'-! ar material. Excessive loss of
moisture shall be construed to exist when. the subgrade soil
moisture content is more tiara 4 percent below the optimum for
compaction to Standard Proctor Density. (rISC see Section Z,
Item 2 [A] Compaction.)
At Culverts
Emba_nk_„er.ts adjacent to cu verts Which cannot be compacted by
use of the blading and rolling equipment used in compacting the
adjoining sections -of eYba_s =ent shall be compacted in the
manner prescribed below.
The following requirements shall apply to the back illir.g of pipe
culverts in addition to the pertinent portions of the general
requirements given in the preceding section.
After the bedding has been prepared and the pipes installed as
required by the pertinent specifications, selected raterials
from excavation or borrow shall be placed along both sides of the
pipe equally, in uniform layers not to exceed sig (694) inches in
depth (loose measurement), wetted and thoroughly compacted so that
on each side of the pipe there shall be a berm of thoroughly compacted
materials at least as wide as the external diameter of the pipe,
except insofar as undisturbed material obtrudes into this area.
The method and degree of compaction shall be same as 'specified
above.
Filling and/or backfilling shall be continued in this manner to
the elevatlou of the top of the pipe. Special care shall be taken
to secure thorough co=pn actioof the material placed under the
haunches of the pipe. All fill or backfill below the top of the pipe
shall be compacted mechanically in the manner and to_.the_adensity pre-
scribed above, rEgardlEss of whether or not such cterlcl„1s
olaced within the limits of the embank1.ent or roadbed. In the
case of embanl�,ents_, the remainder of the fill sbotiethe top of
pipe shall be placed in accordance with the provisions for placing
roadway emban":ment as prescribed in the pertinent specifications
ff 7
included in the contract. No construction tra�lsc Nill be permitted
to cross any pipe culvert until the specified depth of
fill above the pipe has been placed and consolidated in accordance '
with these provisions.
3. BASE COURSE
The base course shall consist of_a minimum of six (6") or nine (9")
inches of compacted approved caliche, black base or combination of caliche
and black base material shaped in --accordance with the typical cross-
sections provided in the plans and to the grades established by the
Engineer.
a .
A. !:aiLing' and Placln£
Approved base material- shall -be hauled --i n vehicle of. _.
uniform capacity to the site and dumped evenly so that an ada-
quote quantity of material will be placed to provide a minimum
of six (v") inches of compacted .'base material or. all units except
mejor thoroughfare streets. On these'streets the contractor will
construct nine (9") inches of compacted base material.
B. Processing
Processing shall be accomplished in -multiple lifts of three (3")
inches in compacted depth. Each lift or layer shall be thoroughly
moistened and rolled as it is cut from the windrow. After all of
the material is cut from the -windrow to the sides, it shall be
cut back to the center in lifts of three (3") inches 'and thoroughly
moistened and rolled again. Succeeding layers shall then 'be placed
similarly Lna til the caliche base course is con leted and 95% Proctor
Density has been attained
A_ll nine (9") inches compacted caliche base shall be accomplished
in three (3") inch lifts. The caliche course shall then be sprinkled
as required and rolled with compactors_ as directed until a uniform
compaction of 95% of "Standard Proctor Density" is secured.
Throughout this entire operation, the shape of the course shall
be maintained by blad ng; and the surface upon completion shall
a be ypical sections shown on
smooth and in conformity c,-ith the t � � '
plans and to the established lines and grades. _.
Processing of asphaltic base shall be as directed by the-Bnitineer
and similar to that described .under Hot *'pix Asahaltic Concrete
Surface. Lift thickness will be indicated by the Engineer or as
shown on the paving plans Electronic screed controls will be
required for placing b+ack base on �r
q'' p g _ bade. The density required
will be determined by' the`Engineer' after material to be used has
been approved. All areas and "nest" of segregated course or fine
material shall be corrected or removed and replaced with well
graded material as directed by the Er_gineer. ' Each "layer of black
base krill be test rolled six (6) tun`s with a 35 ton roller and
approved by the Engineer before succeeding layers. are placed. A
delay in Construction of the Ilei=t succeeding layer of black base
caused by rain; snow, etc. will require re -rolling and approval
prior to construction of the neat layer..
t-30
The ut111Ziat10n Qf the traff_c to co —,pact and bind the base
is an essential part Of the conistruction, and v.herever possible
the base course shall be OpeneC to traffic, and the contractor
shall direct and distribrite the traffic unifermly over the entire
width of the base course. During the period of at least seven (7)
days that traft: ���_c is being directed oveY,the base, the caliche
Dase shall be Satisfactorilt ma_ntained by the use Of water trucks,
T'
blades, dra�S and such otherE'gli_pii7Erat as 15 required.I-he base
course shall be So maintained until the wearing surface is placed
that -
thereon. The surface Stull not be placed on base course that
exceeds Opt:Lmum ui0lStLre by tiro (2I) two per cent
C. Finishing
Description
The compacted :base shall be finished and shaped immediately
preceding -the application of the surface treatment. All Loose or
unconsolidated materiel shall be removed and.the surface moistened
and rolled with a steel wheel roller. All irregularities, depres-
sign or weak spots which dEvelop during coupacton shall be
corrected by scarifying the areas affected, adding or removing
material as required, reshaping and reccmpacti ng by sprinkling
and rolling. -
(1) Weak Spots in Base or Sub ,rade
The finished base shall be checked by a rainimut, _e,f six (6) test
roilings v-ith a 35 ton roller. Amy weak spots found shall be
remedied before the surface is applied. The weak spots may be ,
remedied by reprocessing the area in which the weak spot is found
in Vnich case the base will be allowed to Lure_ for 72 hours before
the surface is applied. If the contractor chooses, he may repair
the weak spot by removing the material involved and replacing it
'; in this case the
with type ,�Ct� not L_i, CT asphalt stabilized base. ,
surface Lay be applied as - soon _ as the :not mixA patch has been
compacted and cooled to, a7ie .t. temperature.
l
(2) Allowable Deviation in Finish
IrlZrIediately prior to placincr. Of surfacing, the base shall be ,..
checked and any deviation 4m excess of three-ei3i8} inch
..
fre:I, the established grade or true cross sect_on shall be
corrected as prOtTided aboi7e ZOr CefeCts. LongituG_nally a
�. _
straignt edge 10 iEEt long Shall De uSeG to detect. any deviation
which shall be corrected as defects.
J_
4. HOT
MIX ASPHALTIC CO)1fg TE SU?t SCE
5 A.
Description
This item shall consist of 12" compacted T.H.D. Type "C" hot
mix asphaltic concrete surface, using approved crushed stone
aggregate, constructed over a compacted base. The base shall
be primed and a tack coat, applied as required.
(1)
General (Test Method_ Tex-207-F)
It is the intent of this specification that the material be
'placed and compacted to a density of 95 to 100 percent of that
density developed in the laboratory test method of molding
stability specimens with a minimum compacted thickness of
one and one half inches (12"). 'Sufficient density tests will
be made in order to determine that the compaction procedure
used by the contractor is adequate and proper to accomplish
the intent as stated above.
If the mixture produced does not have the specified qualities,
it shall be changed until it does. The pavement shall be
constructed on the previously completed and approved subgrade
base, existing pavement, bituminous surface or in the case of
3
a bridge, on the prepared floor slab, as herein specified and
in accordance with the details shown on the plans.
Temperature
Requirements
A.
r
November 1 until April 1 -
1. The asphaltic mixture shall not be placed when the
v
air temperature is below 55 degrees F and falling.
2. The asphaltic mixture may be placed when the air
temperature is above 50 degrees and rising.
B.
April l until November l -
1. The asphaltic mixture shall not be placed when the air
temperature is below 50 degrees'F and falling.
2.' The asphaltic mixture may be placed when the air
temperature is above 45 degrees F and rising:
The Engineer may use`his discretion to require a cover over
the asphaltic mixture when being hauled.from the plant to the
job site.
If the temperature of a load of asphaltic concrete measured while
passing through the lay-down machine is 25 degrees F less than the
mixing temperature, the load may be rejected*by the Engineer and
payment will not be made for the rejected material.
(2)
Preparation of Base and, Areas Bordering
The compacted base upon which the hot mix asphaltic concrete
surface is to be placed shall be prepared and cleaned, as
required by the Engineer, before the prime coat is applied.
V-32
(3) ?rime Coat
The prime coat shall consist of an appl cetic- of .25 gallons
per square yard of -MC asphalt.
(�) Tack Coat
Before the asphaltic mixture is :aid, the surface upon Which the
tack coat is to be placed shall be cleaned thoroughly to_the
-
satlsfaction Of the engineer. The surface shall_ be given a
uni-O , appiication Of tack,cost using asphaltic. materials Of this
specification. This tack coat .shall be applied, as directed by
the engineer, with an approved sprayer. irnere the mixture will
adhere to the surface on Which it is to be placed without the
use of.a tack coat, the tack coat''may be eliminated by the
engineer. All contact•surizces of curbs and structures and all
joints shall be painted with a thin u::iiforn coat of the asphaltic
material meeting the requirements for tack coat. The tack coat
shall be rolled with a pneumatic tire roller as directed by the
engineer.
(5) Transaorting Asphalt Concrete
The asahaltic mixture, prepared as specified above shall be hauled
to the work site in tight vehicles previously cleaned of all foreign
material. The dispatching of the vehicles shall be arranged so
that all materiel delivered may be placed, and all rolling shall
be completed during dad --light hours. The inside of the truck
body =ay be given a light coat of oil, lime slum or other.
material satisfactory to the Engineer, if necessary, to prevent
mixture fromadhering to the bods=. in cool weather or for long
hauls, canvas covers and insulating of truck bodies_, may be required
vehicles of the seal -trailer type are prohibited•
(6) Placing
Generally the asphaltic mixture shall be •dumped and spread on
the approved prepared surface with the specified spreading and
finishing machine in such man"ier that when properly compac.t;e:d.
the finished pavement will be smooth, of uniform density and Till
meet the requirements of the typical cross sections and the
Surface tests. During the application of asphaltic material,
Care shell be taken, to preZTent splattering Of adjacent paVeIIent,
curb and gutter, and structures.
V-33
F
The surface course shall be laid in a compacted layer with a
iininium co=pactee thickness of one and one half inches ('1-1/2") .
A level -up course, 1/2" or _,ore in thickness, shall require the
use of black base or acoarse grade of hot mix approved by the
Engineer. It shall be sprEad and compacted to lines and grades
as established by the engineer.
When the asphaltic mixture is placed in a narrow, strip a -long the
edge of an existing pavement, or used to level up small areas of
an existing pavement or placed in small irregular areas where
the use of a finishing machine is not practical, the finishing
machine may be eliminated ube.n authorized by the engineer,
provided a staisfactory surface can be obtained by other approved
methods.
Flush structures, adjacent to flush curbs, gutters, linears and
structures, the surface shall be finish -ed uniformly high sothat
when compacted it will be slightly above the edge of the curb and
flush structure.
Joints A!! j Chis shall pr,es,ent the same texture density, and
smoothness as other sections of the course. The ioints between
old and new pavements or betty.een successive day's work shall be
carefully made to insure a continuous bond between old and new
sections of the course
The transverse edges of old pavement and, if required by the
engineer, the successive days pavement shall be sawed with an
approved concrete saw to -expose an even vertical surface for
the full thickness of the course. All contact surfaces of
previously constructed pavement shall be painted with a thin
uniform coat of hot bits 'nous material before the fresh mixture
is placed.
(7) Compacting
As directed b, the engineer, the pavement shall be compacted
thoroughly andm.iformly to the requireddensity. The specified
rollers shall be used, except as provided in paragraph (3) below.
Rolling with the three wheel and tandem rollers shall start
longitudinally at the sides and proceed toward the center of the
pavement, overlapping unsuccessive. trips' by at least half the
width of the rear wheels unless otherwise directed by the
engineer. 11ternate trips of the roller shall be slightly different
in length. On super -elevated curves, rolling shall begin'at the
low side and progress toward the high side unless otherwise
directed tv the engineer. Rolling c,ith pneumatic roller shall
be done as directed by the engineer. Rolling shall be continued
until recuired compaction is obtained and all roller marks are
eliminated. One `tandem rol ic-
er, .`Y,o pneumatrollers and at _.
least one three t.heel roller, as specified above, shall be.pro-
vided for each job. rdditicnal rollers shall be -provided if
needed.' The motion of the ro-ler shall be slow enough at all
' Tf any displacement
tines t6 avoid cisplacernent or t:ze mixture . - _
occurs, it shall be corrected at once by the use of rakes and of
fresh mixture where required. she roller shall not be allowed
to stand on pavement which has not been full, compacted. To
prevent adhesion of the surface :mixture to the roller, the
wheels shall be kept thoroughly moistened with water, but an
excess of water will not be permitted. _P-11rol1e-s -must be in
good mechanical condition Necessary precautions shall be taken
to prevent the dropping of gasoline, oil, grease or other foreign
:atter on the pavement, either when the rollers are in operation
or when standing. _
When indicated on the plans or permitted by the engineer in writing,
the pavement =ay be cetpacted to the required density by the use
of compacting equipment other-than that specified herein.
Hand tamping. The edges of the pavement along curbs, headers/and
similar structures, and all places not accessible to the roller,
or in such positions as wily not allow, thcrough compaction with
the roller, shall be thoroughly compacted with lightly oiled tamps.
Rolling -with the trench type roller will be reduired on widening
areas in trenches and other limited areas where satisfactory
compaction cannot be obtained kith the three wheel and tandem rollers.
- (8) Surface Tests'
The surface of the pavement, after compaction, shall be smooth and
true to the established line, grade and cross section, and when
nested with a 10 root straight edge placed parallel to the center -
line of the roadway or-tested by other equivalent and acceptable
tears, except as provided herein, the maximum deviation shall not
exceed 1/8 inch in 10 feet, and any, point in the surface not u,eetirfg
this requirement shall be corrected as directed by the engineer.
Vhen placed on existing surfaces, the 1/8 inch deviation in 10 feet
requirement may be waived by the engineer.
(c; Surface Density Test
7777,-
See
n,See Section 1%7, Item 10-D. Laboratory Control.
(10) Equipment
Spreading and Finishing Yachine. The spreading and =i nishing
aachine shall be of a type approved by the engineer, shall be
capable of producing a surface that will meet the requirements of
the typical cress section and the surface test, when re. -I d,
and shall have adequate power to propel. the delivery vehicles in
C.
a Std: szacior}' Ladner when the iii?.Lure is dumped iZ: c r:+e ^-niS .2a
machine: The fi-ishing machi7le shall, be equipaed ,•.ith a flexible
spring dna/or h; drau! is type hitch sufficient in design and
capacity to =ainta4—n Contact between the rear vheEls of the hauling F
V-35
a .
equipment and -the pusher rollers of the finishing machine while
the mixture is being =.loaded: The finishing machine shall be
operated in a low gear, or as directed by the engineer, at a
speed to produce ,a surface that will meet the requirements of
the typical cross section and surface test.
Any vehicle which the flin ishirig machine cannot push or propel
in such a tanner as to obtain the desired lines and grade without
resorting to hand finishing will not be allowed to dump directly
into the finishing machine. Vehicles dumping into -the finishing
machine can be mechanically and/or automatically operated in such
manner -that overloading the finishing machine being used cannot
occur and the requi red line -and grade will be obtained _
without -resorting to -hand finishing.'
Dumping of the asphaltic mixture in a windrow and then placing
the mixture in the finishing machine with loadLng •equip-ment will
be approved by the Engineer, provided that the loading equipment
is constructed and operated in such manner that substantially
all of the mixture deposited on the roadbed is picked up and
placed in the finishing machine without contamination by foreign
material of the mixture. T`"` T
_ne lo4aing equipment will be so designed
and operated that the finishing machine being loaded will obtain
41 the required line, grade and surface without resorting. to hand
finishing. Any operation of the loading equipment resulting in
the accumulation and subsequent shedding of this accumulated
material into the asp rraltic mi- tune krill not be permitted.
Forms. The use of forms will not be reoured except where
necessary to support the edges of the pavement during rolling.
.If the pavement will stand rolling without undue movement,
binder twine or small rope may be used to align the edges.
Motor Grader. The motor grader, if used, shall be self-propelled
poK7er motor grader; it shall be equipped -with pneumatic tired
wheel shall have a blade length of not less than 12 feet; shall
have a wheel base of not less than 16 feet; and shall be tight and
in good operating conditionand approved by the engineer.
Pneumatic Tire Rollers. The pneumatic tire roller shall be
acceptable self-propelled roller mounted on pneumatic tired wheels,
with the weight'' capable of being varied LnZfo.�..iy from 275 to 550
V-36
r
sire tread, so constructed as to be
aeinds per inch width of
— _ capable of ein.g-cperated i:i both- a fcn.'ard aha a reveLse
- d�rectien and- shall have-�i:itable provisicr. fer moistening
the surface.cf the' w^ile operating. A_ tires of the
.-.
sa-e oller shell be smooth read o� eoual stzE and ai meter
r
r
and shall be arrangea in such .a manner that the gap between
the tires of one axle ti7ill be covered by the tires of the other.
he fire pressure of each tire shall be adjusted as directed by
the engineer and this pressure shall not vary by more than
5 pounds per souare inch.
Two 4}:le Tandem Roller.- This roller shall be an acceptable
po; er driven tandem roller weighing not less than 8 tons.
Three i,Theel" Roller. This roller shall be an acceptable power
driven three wheel roller wei ghing not less than 10 tons.
Trench Roller. This roller shad? be an acceptable power driver.
__. _
trench roller equipped with sprinkler _or keeping the wheels wet
and adjustable road ,,heel so that roller may be kept levelduring
roiling. The drive k7neel shall be not less than 20 inches ride.
The roller under working conditions sh_all produce 325 pounds per
linear inch of roller vidth and be so geared that,a speed of
1.8 miles per hour is obtained in.low gear...
Straightedges and Templetes.. i�'hen directed by the engineer, the
contractor shad provide acceptable 10 foot straightedges for
surface testing. Satisfactor-ytemplates shall be provided as
required by the engineer.
} �i-*� Shall. be mai:nta.L.ned in good repair and operating
�_._ eqL__ ..ens c
condition and shall be approved by the engineer.
Ile Contractor shell fi:r� iSi2 Stich Si1i tab1E Ilia ChlnEi-;', equipment,
and GOi15trUCtlOn forces as iiia,, be necessary, in the opinion Of
the Engineer, for the proper prosecution of the work, and failure
to, do so may cause the Engineer to withhold all estirates which
4.
have Or may become due _ or the Engineer ray suspend the work i.iT'lt? 1
his requests are complied with.
(11) Opening to Traffic._
The pavement shall be opened to traffic when directed by the
engineerCOIlStrUCtion traffic a,lo,,ed on the pavement
shall comply -with City Ordinance governing traffic on City Streets.
If the surface ravels, it will be the contractor's responsibility
to correct this condition at his expense:
V-3 -
5 . CLE AYL7P
Within three days after completion of any Sub-Unit of paving the
contractor shall clean, remove rubbish and temporary structures
from the street, restore in an acceptable manner all property, both
public and private, which haSbeen dz=aged duilna the prosecution
of the Taork, and leave the site of the Work in a neat and presentable
condition throughout. The cost of the "cleanup" shall be included as
a Dart of the cost of the various items of work involved, and no
direct compensation will be made for this work. This work shall be
done before final acceptance of the Sub-Frit will be considered.
The cleanup shall include the sloping, filling and shaping _'0_ Ithe
area between the curb and property line. This area'shall'be filled
with good top soil. Vrhen the ground behind the curb is higher than the
top of the curb, the Contractor will be required to cut this area `
do-.-a to provide a smooth, even slope between the property line and
the curb.
6. _PROTECTION OF EXISTING UTILITIES
A. IAdjustment of i�alves 2nd *lanholes
The City Forces will place valve boxes and manholes on finished
grade after the'hase has'been finished to grade. The Contractor
shall allow the City Forces at least 3 days to do this work after
finishing the base and before application of asphalt. It shall be
the responsibility of the Contractor to notify the Public Works
Department 48 hours after curb and gutter has been completed so
that the City Forces can properly schedule their work. In all
alleys the City Forces will set the valve boxes and manholes to
grade after the forms are in place. Any variation in this
procedure that causes expense to the City shall have the approval
....:.. .. .
OIL the Engineer, and such expense shall be borne by the.Contractor.
B. Installation, Adjustments; and Protection of Utilities and
Traffic Installations
The plans show only approximate locations of utilities as
obtained from the various utility companies and shall-not relieve
the Contractor from familiarizing himself kith all underground
utilities. _ It is not implied plied tliat all existing utili"_ities are
shown on the plans. The City of Lubbock does not assume .any
responsibility for any utility lines which are not shown on the
Plans.*
The utility Companies will atte-pt to mOve all Utilities that Can
be reasonably removed prior to beginning of cons tr:actil on; however,
this does not relieve the Contractor from any damage that he right
do to any, utility proertI. In case of an, damage, the Contractor
shall ir.�medistely t1
nomilt, the aff ectea ut�l
It-,7 cO=Dany.
T' -.3
„a
City Water and Sewer 762-6411, Ext. 2595
Lubbock Power and Light 762 -6411, -Ext. 2554
City Traffid Shop 762v-6411, Ext. 2140,2144
Enerr'Gas Traffic Shop 747-4-200
Southwestern Public—Service 763-2331
Southwestern Bell Telephone 741-6101
Cox Cable of Lubbock, 793-2222
City Traffic Engineering 762-6411, Ext. 2132
Sequence: The sequence of unlit` adjustments has been mutually
agreed upon by the utility CO=pa_n1Es In the City Of Lubbock and
t
attempt to folio,,. the fellod;ing schedule:
Plans for contract projects kill be 6elivered to all utility
companies two weeks prior to opening bids. As a general rule,
these projects will have been staked.
The utility companies .ill relocate all item's necessary,
locate and flag all meters, valves, manholes, underground
cables, etc., prior to the date the Contractor is to begin
construction.
After the subgrade is corpieted on alley paving projects,
and after the baseis comipleted ona,ll street paving projects,
all manholes, valve boxes, Et -C., -vill be set to finished
ity companies . The site shell be left
grade by the util
in G clean condition.
Or, all 'Projects, including private contracts, the Contractor shall
exercise care not to damage any, sanitary sewer pipe or manholes,
sto=rm sewer pipe or manholes, or telephone cable or manholes, water
or gas lines, valve boxes, tzietei boxes, nor any 'other pipe or
utility. if necessary, the Contractor shall call the department '
or compa_'1y concerned and a7ke arrangements for adjusting the
manhole, valve box, meter box, or other utility to.grade. On all '
-- the Contractor will
projects for which he is a aided a contract,
be responsible during the construction period for any daMages to
manholes, valve boxes, ;Hetet :boxes, anal other u.tilities..
Should any item be damaged during the process of construction;
the Contractor is to notify the affected utility company and the
Ciry inspector The utility, company will immediately° repair the
damaged item. k^.y, bills for damage will be sent through the
Department of 'Engineering. The Department of Engineering will
YrOCeSS all bills and fi X respO.S ibillty fOr daivage and govern
the extent of. repair.
_`_3o y
Private contracts do not have plans, but utility companies will
be furnished cut sheets and notified of impending construction
by letter. Other items such as adjustments, damages, etc., will
be handled the same as for bid let projects.
The utility companies will schedule their work with the Contractor.'
When utility adjustments commence before the contract is awarded,
it will be the responsibility of the utility company to barricade
the project.
Unless otherwise agreed upon by the City and the utility companies
involved, the sequence of installation of underground utilities
shall be as follows:
UTILITY SEQUENCE
Sewer First
Electric (Primary) Second
Electric (Secondary) Third
Telephone Fourth (last if no
power or T.V.)
T.V. Cable Fifth
Water Sixth
Gas Seventh
Traffic Engineering Eighth
On all projects, including private contracts, the Contractor shall
not place curb and gutter or base material at points where under
ground utilities cross or propose to cross until such utilities*
have been adjusted or installed.
77. SALVAGING AND REPLACING BASE
A. Description
"Salvaging and Replacing Base" shall consist of removing the existing
base material where shown on plans, such temporary storage as is
necessary, and the replacement of this material on the prepared road-
bed as herein specified and in conformity with' the typical sec-
tions shown on plans and to the lines and grades as established by
the Engineer.
B Construction Methods
(1) Salvaging Existing Base
The existing base, including any bituminous mat not shown on plans
to be salvaged, shall first be cleaned of all dirt or other objection-
able material by blading, brooming or other approved methods, then
scarified to the width and depth as may be required to provide the
estimated amount of salvaged -material per station as shown on the
plans; however, in no case shall the underlying subgrade be dis-
turbed. Any bituminous mat encountered shall be broken into
particles not more than two inches in size, and incorporated uni-
formly with the existing base.
—40
The material thus salvaged shall be placed in stockpiles or windrows
until sufficient subgrade has been prepared to receive the salvaged
material; then, if the Contractor so elects,'the remaining old base
material as salvaged may be placed directly upon the prepared subgrade
as directed by the Engineer, thus eliminating the necessity of stock-
piling. It shall be the responsibility of the Contractor that all
the available material shall be salvaged and replaced and shall be*
kept reasonably free of soil from the subgrade or roadbed during the
salvaging and replacing operations. _ When material is windrowed or
stockpiled, it shall be so placed as not to interfere with traffic,
proper drainage or the general progress of the work.
(2) Preparation of Subgrade
Preparation of subgrade shall be in accordance with Section V, Item 2
Earth Work of these specifications.
(3) Replacement of Salvaged Material
The salvaged material shall be in accordance.with Section V, Item,2,
Earth Work of these specifications.
8. Salvaging and Stockpiling Base Material
A. Description
This item shall consist of salvaging base material from places shown
on the plans or as directed by the Engineer and of stockpiling that
material where shown on the plans or directed by the Engineer.
B. Construction Methods
Trash, wood, brush, stumps and other objectionable materials at the
storage site shall be removed and disposed of as directed by'-.the
Engineer prior to the beginning of work required by this item. The
e
base material, including any asphalt mat, which may not bshown on
the plans shall be cleaned of all dirt or other objectionable
material. Asphaltic materials shall be broken into pieces not more _
than two inches in size and incorporated uniformly with the salvaged
base material. Material to be salvaged shall be worked into stock-
piles or windrows and loaded by approved equipment into approved
equipment for hauling to the stockpile site. It shall be the res-
ponsibility of the Contractor that all the available material shall
be salvaged and kept reasonably free of soil from subgrade or road
ions. The operation shall be conducte
bed during the salvaging operatd
in such manner as not to interfere with traffic, drainage orI the
general requirements o`_the„worIk After the material is deposited
11 ..... _ . u' r.w... ,.
in the stockpile area, it shall be worked into.a neat compacts-tock
pile.
V-41
No Text
SITE WORK MEASUREMENT AND PAYMENT
GENERAL ,
The unit price bid on each item as stated in the proposals, shall include
-furnishing all labor, superintendence, machinery, equipment and materials,
except as otherwise specified, necessary or incidental to complete the
various items of work in accordance with the plans and specifications.
Cost of work or materials shown on the plans or called for in the speci-
fications and on which no separate payment is made shall be included in the
bid prices on the various pay items.
1. PAVING (1-1/2" T.H.D. Type "C" A.C. on 6" Caliche Base)
2. PAVING (1-1/2" T.H.D. Type "C" A.C. on 6" of Caliche Base and 3" of
Asphalt Stabilized Base)
Measurement shall`be made of the actual area paved and shall be paid
for at the unit price bid per square yard of paving. This unit price
shall be full compensation for subgrade preparation including removal
of existing asphalt and caliche, all excavation or fill, compacting,
blading, wetting and rolling, loading, hauling and wasting all excess
excavated material, removing and disposing of all obstructions noted
on the plans or as become necessary and for furnishing and placing all
base materials including royalty, freight, stripping, loosening or
blasting, excavating, loading all materials, weighing, hauling and
delivering to the street, spreading, blading, mixing, sprinkling,
compacting, rolling, dragging, shaping, furnishing, cleaning and
sprinkling the base including prime coat and tack coat, and for furnish-_
ing and placing all A.C. surface material including a 1:2 dilute emulsion
at the. rate of .10 gallon per square yard on the finished asphalt surface,
and including freight, preparing, hauling and placing all materials, and
all manipulations, labor, tools, equipment, and incidentals necessary
to complete the work as herein specified.
3. RE -SURFACING
Measurementshallbe made of the actual area and shall be paid for at
the unit price bid per square yard. This unit price shall be full
compensation for removal and disposal of existing surfaces (asphalt and
concrete), all sawing, brooming, blading, wetting and rolling, loading,
hauling and wasting all excess excavated material, removing and dis-
posing of all obstructi ons. noted on the plans or as become necessary,
prime coat and tack coat, and for furnishing and placing all surface
material including a 1:2 dilute emulsion at the rate of .10 gallon
per square yard on the finished asphalt surface, including freight,
preparing, hauling and placing all materials, and all manipulations,
labor tools, equipment, and incidentals necessary to complete the
work as herein specified.
VI -1
Measurement shall be made of the actual paved area removed and shall
be paid for at the unit price bid per square yard of removal. Unless
an apparent error has been made, payment will be based on the quantity
given in the Proposal. This unit price shall be full compensation for
scarifying, removing, windrowing, or stockpiling; for preparing the
stockpile area; for hauling of salvaged material, for spreading,
blading, shaping and finishing this stockpile; and for all manipula-
tions, labor, tools, equipment and incidentals necessary to complete
the work.
30" CURB AND GUTTER
Measurement along the face of the curb will be made of the actual length
)f concrete curb and gutter, separate gutter, or sawtooth curb and
36'tter constructed, and will be paid for at the unit price for "Concrete
:urb and Gutter This unit price shall be full compensation for all
;u'bgrade preparation under the curb and, gutter including all excava-
tion or fill, blading, tamping, wetting, rolling, loading, hauling
and wasting all excess excavated material, removing and disposing of
all obstructions noted on the plans or as become necessary; and for
Furnishing and placing all materials, including premolded expansion
joint material, and for all manipulations, labor, tools, equipment
end incidentals necessary to the completion of the work as here -in
specified.
B. VALLEY GUTTERS
The area of concrete slab will be determined by measurement of the slab
in place. Payment `shall be made for the actual area of concrete slab
"
at the unit price bid per square yard. This unit price shall be full
compensation for subgrade preparation including all excavation or fill,
blading, wetting and rolling,.loading, hauling and wasting all excess
excavated material, removing and disposing of all obstructions noted on
the plans or as may become necessary; and for furnishing and placing
all materials, all manipulations, labor, tools, equipment and incidentals
necessary to complete the work.
9., 4 MEDIAN
The area of concrete slab will be determined by measurement of the slab
in place. Payment shall be made for the actual area of concrete slab
at the unit price bid per square yard. This unit price shall be full
compensation for removing and disposing of all obstructions noted on
the plans or as may become necessary; and for furnishing and placing
all materials, all manipulations, labor, tools, equipment and incidentals
necessary to complete the work..
10. 3 SACK CEMENT STABILIZED CALICHE
This item is to be utilized for backfill in soft areas or subgrade in
close proximity to utility lines, manholes, valve boxes, etc., as designated
and approved by the Engineer. The contractor shall be paid the unit price bid
per cubic yard as needed and shall include all materials, mixing, hauling,
placing, cleaning, curing and for all manipulations, labor, equipment, appli-
1 ances"tools, fuel and incidentals necessary to complete the work as directed
by the Engineer.
11. CONCRETE SLAB REMOVAL
Measurement of all concrete shall be made prior to removal and the actual
amount removed shall be determined in square yards. It shall be the con-
tractor's responsibility to notify the Engineer or city representative
prior to removal to enable measurements to be made. The unit price bid per
'square yard shall be full compensation for`all labor and equipment required
for concrete removal, loading, hauling and disposal at a suitable site for
dumping of waste'material.
12. CURB AND GUTTER REMOVAL AND DISPOSAL
Measurement along the face of the curb will be made of the actual length
of concrete curb and gutter removed, and will be paid for at the unit price
bid. This unit price shall be full compensation for all curb and gutter
removal, loading, hauling, and disposal of curb and gutter at a suitable
site for dumping of waste material in any manner not objectionable to the
public:
VI -3
NOTE: CURB & GUTTER, FILLETS a VALLEY GUTTER TO BE POURED TOGETHER.
Dummy Contraction Joint
-)eight of Curb
this Point 6"
6" Concrete Slab Type"
6x6 6/6 Wire Mesh Joint
00
Walk
2.5' 2.5' 102.5� 2.5`
_--_ Property. Line
Y
,t
h
o� �
n / I
Varies in accordance
Dummy_ Co action Joirtt
with amount of —�
Parkway. - 10
10' Parkway = 10: R.
9 - 9 R.
TYPICAL ALLEY RETURN
WITH 10` RADIUS �
1
SCALE C=5
i CV
i
r
SCALE I" = 5'
PLA[
20001D-7 day Conc. 2� 4-1/2"
:v 16 •' .i6��: a..'e.v.op•e.e.• ,.
ompocted Bose 2
High chairs
SCALE I"=2'
Section A - A
WFI 11Fr1 ulloc, rw M� -
Street Width
30' 36'
42' 72'
St le
6x6-6/6 6x6-6/6
6x6-6/5
6x6-6/6
Areo
230 260
290
340
Weight
98.9 111.8
124.7
146.2
CONCRETE VALLEY GUTTER DETAIL
2 -A-99